P.Roentgen
The brand new claimant removed handicapped widow’s insurance coverage positives to the worker’s earnings list, nevertheless Assistant declined their unique app while the claimant didn’t meet up with the nine-times stage-of-wedding requirements inside the 42 You.S.C. 416(c). This assertion try upheld by the region legal. The newest claimant next appealed to the U.S. Legal away from Appeals on Very first Circuit. The newest legal away from appeals listed you to definitely Puerto Rico doesn’t know common-legislation marriages and this certain requirements to have creating a legitimate relationships into the Puerto Rico are prepared forth in the Blog post 69 of the Municipal Code, 29 L.A. § 231. Brand new legal found that, in such a case, the requirements of Blog post 69 have been obviously not fulfilled nine months ahead of the worker’s dying. The newest courtroom after that found that the fresh claimant’s constitutional “equivalent protection” assault toward 9-day years-of-marriage demands is actually incorrect under Weinberger v. Salfi, 422 You.S. 749, 95 S.Ct. 2457, 45 L.Ed.2d 522 (1975), and you may Mathews v. de- Castro, 429 U.S. 181, 97 S.Ct. 431, 50 L.Ed.2d 389 (1976). The latest claimant plus contended that, once the she try the fresh worker’s concubine, she had a right not as much as Puerto Rican legislation in order to inherit of this new worker’s house since the their widow, and you may she is deemed becoming the brand new widow of one’s personnel significantly less than 42 You.S.C. 416(h)(1)(A). The fresh legal out of is attractive found that, significantly less than Puerto Rican laws, a concubine from a worker keeps a right to a percentage of the house gotten throughout concubinage however, does not have a right to inherit an effective widow’s share of your own lifeless worker’s intestate individual assets. For this reason, the brand new claimant could not end up being deemed to-be brand new widow from the brand new staff less than 42 You.S.C. 416(h)(1)(A) by application of legislation out of Puerto Rico into the intestate succession. For the maintaining the latest district court’s choice affirming the fresh new Secretary’s assertion from this allege to have widow’s benefits, the brand new judge away from appeals stored that claimant wasn’t named so you can gurus just like the disabled widow of the employee.
Appellant Esther Ayuso Morales found Personal Defense impairment gurus established her standing given that “widow” of your own covered staff Honorio Montanez Figueroa. Under 42 U.S.C. § 416(c) in order to qualify as the good “widow” a woman should have already been married for at least nine days at the time of their unique partner’s passing. Appellant’s relationship taken place into the nine-day several months. Gurus was in fact rejected.
She contended you to definitely, due to the fact she plus the staff member got cohabited to possess 2 decades previous to the day of its ceremonial relationships, its cohabitation got switched the relationship toward an appropriate wedding better up until the 9-times months
Towards the attract, she appetite one she actually is nevertheless eligible as she cohabited that have their unique spouse getting twenty years just before its marriage. She contributes that, anyhow, around 42 You.S.C. § 416(h)(1)(A) an applicant is a great widow if the she would, “under the statutes . . . [regarding Puerto Rico] choosing the fresh devolution of intestate individual possessions, have a similar reputation . . . as the a partner . . . [or] widow. . . .” Get a hold of fundamentally, Rombauer, Relationship Status and Qualifications to have Government Statutory Income Experts: An old Survey, 52 Tidy.L.Rev. 227, 257 ainsi que. seq. (1977). She says that the concubinage legislation regarding Puerto Rico offers her such reputation.
We can’t deal with appellant’s very first argument. We understand one to some typically common laws jurisdictions recognize non-ceremonial or “common law marriages.” Such marriages are produced because of the agree of one’s parties once https://gorgeousbrides.net/no/blog/postordrebrud-meme/ the all other offer. F.W. Kuchlar, Law away from Wedding and you will Relationship step 1-5 (2d ed. 1978); look for O.Elizabeth. Koegel, Common-law ent in the usa (1922). But common law marriage ceremonies aren’t accepted within the Puerto Rico. The brand new requisites of a valid matrimony during the Puerto Rico are prepared forth when you look at the Blog post 69 of the Municipal Password, 29 L.An excellent. § 231. Included of those requisites ‘s the “[a]uthorization and you may affair from a great matrimonial bargain according to forms and you may solemnities recommended legally.” Throughout the lack of this type of variations and solemnities, there’s no marriage. Rivera v. Region Judge out of San Juan, 58 Roentgen. 352, 354 (1941); Vazquez Bote, Notas acerca de el matrimonio dentro de derecho puertoriqueno, 49-56 Rev. 491, 493-94, 510-12 (1973-75). E. Lalaguana Dominguez, Estudios de- derecho matrimonial 244-forty-five (1962).
