Claiming and the deceased lived together, but they did not register its connection officially. They had adopted a daughter common, as she appeared in this document. To demand this benefit is not nor ” purpose nor the function legal” of this certificate, according to the Supreme Court. The Supreme Court (TS) considers that Libro of Family is not a public document that serves to credit the existence of a pair in fact to ctos of which a woman, who coexisted with a man from 1997 to 2008, acquires a widow’s pension. To thus the Room of the Social thing has decided it the Supreme Court in a sentence by which it rejects the resource of a woman to whom a Court of the Social thing of Madrid granted to him in 2009 the right to acquire a widow’s pension benefit but that the following year Superior of Justice of Madrid before the resource presented/displayed by the National Institute of Seguridad Social was denied to him by the Court (INSS). In the failure, del that has been rapporteur Jesus Gulln Rodriguez, has occurred the reason to the INSS, that it affirmed that the relation of this pair was not ” none of which they can give rise to a pension of viudedad” since the civil state of the appellant had been the one of separated until it secured to the divorce 3 October of 2008, three days before the date of the death of its last pair.
The family book is not sufficient When ” passed away the man; they had not passed the five years of coexistence without married bond with another one persona” as it marks the norm, it indicated the INSS. The deceased, who was widower, coexisted with the appellant in a familiar address with the respective children (four) whom they had had in its previous marriages, but they did not register in the Registry of Unions in fact of the Community of Madrid where they resided. The fact that they had family book it must to that this one is given with the marriage certification – that also did not take place among them and ” to the ancestor or ancestors of a nonmarried son and to the person or people who adopt to a minor ” , as it happened in this case with one of the daughters. This book of family ” it cannot be in any case acreditativo” in this case of another thing that is not the connection, but ” absolutely of the existence of a one relation in fact pareja” , function ” totally other people’s to the purpose and function legal” of the Civil Registry, according to the TS.