La pensión de viudedad para las uniones de hecho en la Comunitat Valenciana
ISSN: 1136-3339
Year of publication: 2017
Issue: 29
Pages: 128-174
Type: Article
More publications in: Corts: Anuario de derecho parlamentario
Abstract
STC 110/2016 has kept fully valid art. 15 of the Valencian law of formalized non-marital cohabitation in which the right to the widow's pension is referred to. For the LGSS, constituent registration, as required by Valencian law, is irrelevant and, with its requirements, it rightly emphasizes the coexisting element to gain access to the benefit. On the other hand, TS and TC jurisprudence supports discrimination between marriage and non-marital cohabitation with respect to the requirements for both situations. The present work analyzes the appropriateness of this discrimination considering the singularity of each one of the institutions.