[lac-discuss-en] Final Consideration - Member of ALAC Election (Part 2)
José Francisco Arce
josefranciscoarce at gmail.com
Wed Aug 15 20:57:59 UTC 2012
Dear Lance,
Thanks for response. I am asking staff to make the interpretation of this
email.
Kind Regards
Jose.-
2012/8/15 Lance Hinds <brainstreetceo at gmail.com>
> Thank you Jose,
>
> I know sometimes things get lost in the translation so just to be clear; Is
> it the opinion of the President of LACRALO that candidate is ineligible or
> as President of LACRALO you are ruling that the candidate is ineligible and
> therefore cannot participate in the elections to be our ALAC
> representative?
>
> Best regards
>
> Lance
>
> On Wed, Aug 15, 2012 at 4:09 PM, <josefranciscoarce at gmail.com> wrote:
>
> >
> > [[--Translated text (es -> en)--]]
> >
> > Subject: Final Consideration - Member of ALAC Election (Part 2)
> > From: josefranciscoarce at gmail.com
> >
> > It confuses two concepts: principal residence and domicile, the
> > legislaciny Chilean jurisprudence have clarified and demarcated
> > time.
> >
> >
> > The * Art 59 of the Civil code defines * Chile * address * (not the
> > residence) and defines residence as one of the components
> > the home. The other elements of the home is the minimum of
> > remain there (in residence).
> >
> >
> > * The home is the residence, accompanied, real or
> > presumably, the minimum to stay in it. Divdese in politician and
> > civil. *
> >
> >
> > *
> > *
> >
> >
> > * The case of the Chilean Supreme Court * (C Supreme December 24
> > 1962, R, t 59, section 1, p 478) has discussed this topic.See
> > Pgina 231:
> >
> > stating:
> >
> >
> > *
> > *
> >
> >
> > * 1. Domicile, residence, habitacin, purple. *
> >
> >
> > * A) You can not confuse the elements of domicile and residence, the
> > first, which according to the civil code is the residence acompaada
> > the actual or presumptive minimum to stay in it, is a
> > jurdica valoracin defined by law Seala elements. In
> > however, a mere matter of residence de facto relationship, in the
> absence
> > of legal definition, must be understood as natural and obvious meaning
> of
> > word, as acciny effect of residence, ie the fact of being of
> > seat in a particular location. *
> >
> >
> > * In C Conception, April 28, 1964, R, t 61, sec 4, pg. 289 has
> > pronounced setting: *
> >
> >
> > * B) Civil Law, is the seat jurdico address of a person, and
> > habitacin residence and are in fact a link between the person and the
> > where she lives, ordinary or accidentally. *
> >
> >
> > *
> > *
> >
> >
> > * 2) United Kingdom tax sharee'ah *
> >
> >
> > The sharee'ah which is responsible for regulating the tax issue in the
> > United Kingdom
> > (Of which Scotland is a part) is also expressed in clear and
> > distinguishing
> > between home and residence.
> >
> >
> > On the residence provides:
> >
> >
> > UK residence * 2.2 *
> >
> >
> > * There are Many Different Factors Which will determine Whether you are
> > resident in the UK. With one exception (Explained in the next
> paragraph),
> > it is not simply a question of the number of days you are Physically
> > present in the UK During's tax year, although this is an Important
> > consideration. *
> >
> >
> > * The only occasion when to the number of days That You are Physically
> > present
> > in the UK will determine your residence status is when to you are here
> > for 183
> > days or more During's tax year. If you are here for 183 days or more in
> a
> > tax year, you are resident in the UK. There are no exceptions to this. *
> >
> >
> > * You can Also be resident in the UK if you are present here for FEWER
> > than
> > 183 days in a tax year. This will depend on how long and how Often you
> are
> > here, the purpose and pattern of your Presence and your connections to
> the
> > UK. These might include the location of your family, your property, your
> > your work life and social connections. *
> >
> >
> > * Http://www.hmrc.gov.uk/cnr/hmrc6.pdf *
> >
> >
> > * 3.2 What does ordinary residence mean? *
> >
> >
> > * Ordinary residence is Different from residence. The ordinary word
> > Indicates That your residence in the UK is typical for you and not
> casual.
> > It is Important not to confuse ordinary residence with domicile (see
> part
> > 4). *
> >
> >
> > * If you Have Always Lived in the UK ordinarily resident Then You are
> > here.
> > When you come to the UK you do not Have to intendant to Remain in the UK
> > Permanently or indefinitely in order to be ordinarily resident here. It
> is
> > enough That your residence has all the Following attributes. *
> >
> >
> > * Your Presence here have a Settled purpose. This might
> > be for only a limited Period, But you have enough continuity to be
> > Properly
> > Described as Settled.Business, employment and family can all to Provide
> > purpose Settled, But this list is not exhaustive. *
> >
> >
> > * Your Presence in the UK forms part of the Regular and
> > usual mode of your life for the Time Being. This can include temporary
> > Absences from the UK. For example if you come to live in the UK for
> three
> > years or more then you will Have Established to regulate and habitual
> > mode of
> > life here from the start. *
> >
> >
> > * You have to eat the UK voluntarily. The Fact That
> > you chose to come to the UK at the request of your employer Rather than
> > seek another job does not make your Presence here involuntary. *
> >
> >
> > * The pattern of your Presence, Both in the UK and overseas, is an
> > Important
> > When You Are Deciding factor if you are ordinarily resident in the UK.
> You
> > Also will need to take Into account your Reasons for Being in, coming
> to,
> > or leaving the UK and your lifestyle and habits. Parts 7 and 8 will help
> > You With this, As They Explain the Considerations For Those coming to
> and
> > leaving the UK. *
> >
> >
> > http://www.hmrc.gov.uk/cnr/hmrc6.pdf
> >
> >
> > * 4.2 What does domicile mean? *
> >
> >
> > * Domicile is generally a matter of law, not of tax law. There are Many
> > Things
> > Which Affect your domicile. Some of the main points That You Should
> > Consider if you are not to be domiciled Claiming in the UK are Shown
> > below:
> > *
> >
> >
> > * You can not be without a domicile. *
> >
> >
> > * You can only have one domicile at a time. *
> >
> >
> > * You are domiciled in the country Normally Where You
> > Have your permanent home. *
> >
> >
> > * Your domicile will continue Existing Until You
> > acquire a new one. *
> >
> >
> > * Domicile is distinct from Nationality and residence,
> > although Both Can Have an Impact on your domicile. *
> >
> >
> > * The Fact That You register and vote as an overseas
> > elector is not taken Into account Normally Deciding when to whether or
> > not to you
> > are domiciled in the UK. *
> >
> >
> > **
> >
> >
> > * Any references we make to Being domiciled in the UK are references to
> > Being domiciled in Any part of the UK. *
> >
> >
> > http://www.hmrc.gov.uk/cnr/hmrc6.pdf
> >
> >
> > * Domiciled here is a technical term With A Meaning. Very roughly (And
> > This
> > is a considerable simplification) an Individual is domiciled in the UK
> if
> > I was born in the UK or if the UK is permanent historical home, and is
> > not a UK
> > domicile if I was born outside of the UK and does not intendant To
> Remain
> > permanently. *
> >
> >
> > http://en.wikipedia.org/wiki/Taxation_in_the_United_Kingdom
> >
> >
> > * In law, domicile is the status or permanent attribution of Being to
> > resident <http://en.wikipedia.org/wiki/Resident> In a special **
> > jurisdiction <http://en.wikipedia.org/wiki/Jurisdiction_%28area%29> .
> **
> > A
> > person can domiciled in a jurisdiction Remain Even After They Have left
> > it,
> > if They Have Sufficient links Maintained With That jurisdiction or Have
> > Not
> > Displayed an intention to leave Permanently (ie, If That person HAS
> MOVED
> > to a different state, But not yet have an intention Formed To Remain
> there
> > indefinitely). A place of domicile Corporations is equivalent to STI
> place
> > of incorporation. *
> >
> >
> > * Http://en.wikipedia.org/wiki/Domicile_ 28law% 29% ***
> >
> >
> > *
> > *
> >
> >
> > * 3) sharee'ah of Scotland *
> >
> >
> > *
> > *
> >
> >
> > * III.3. ** The personal status and relationship issues in the state
> > civil (name, domicile, capacity) *
> >
> >
> > * The address of a person at the time of birth (home of
> > origin) is the same as that of his father, provided that it is a child
> > marriage. [] *
> >
> >
> > * For over 16 years assuming they are still the home of origin,
> > unless you opt for a different address. To choose a different address is
> > must actually reside in the JURISDICTION concerned with
> > intention to remain there indefinitely or permanently. In the
> > time missing any of these requirements are reapplied
> > old home rule. [] *
> >
> >
> > * The cuestin the domicile of a person in a particular country often
> > be regulated by the Scottish sharee'ah except disposicin contrary,
> > for example, an international instrument to which the UK is
> > party. [..] *
> >
> >
> >
> http://ec.europa.eu/civiljustice/applicable_law/applicable_law_sco_es.htm#III.3.
> >
> >
> >
> >
> > *
> > *
> >
> >
> > * Conclusions *
> >
> >
> >
> >
> > According to the above, the Operating Principles as required LACRALO
> > requirement to be representative of LACRALO to ALAC, have their place of
> > principal residence in different passes of the region.
> >
> >
> > The rules defining residence quse * means * and which
> > we use (ascomo the rest of the sharee'ah acompaada) use
> > A similar approach: distinguish between domicile and residence as two
> > separate and distinct concepts between s.
> >
> >
> >
> >
> > So my understanding is that Mr. Humberto Carrasco (l himself as
> > stated in an email to the list of discussion LACRALO) has
> > their * home * in Chile, but he is now residing
> > all, as it has stated its intention to return to Chile at the end
> > her PhD, has a current intention that Chile is the
> > real home, fixed, permanent and principal.Is the
> > place where, every time estausente, it intends to return;
> > while its * CV *, reside in that, being the seat in
> > a particular place, the bond between the person and the dwelling place,
> > regular or accidentally, with a certain character of permanence, ie
> > more than just a temporary stay (to complete their studies
> > PhD) is in Scotland.
> >
> >
> >
> >
> > That is, following the criteria established by the laws applicable to
> > our case, there are two concepts that should not be confused:
> > residence and domicile. In the situation of Mr. Humberto Carrasco have
> > two passes: Chile and Scotland. The criterion for assigning one of these
> > passes
> > a * home *, is a legal standard and is the one discussed
> > above: the home of Mr. Carrasco is Chile. The criterion for
> > assigned to one of these passes a * home *, is a standard fact:
> > Mr.Carrasco is living, living, has a home with a
> > character of stay (want to finish her PhD) in the
> > City of Edinburgh, Scotland (aslo said in his e
> > electrnicos: desconociencontrarse never living in the city of
> > Edinburgh and be pursuing doctoral studies at the University of
> > same name).
> >
> >
> > *
> > *
> >
> >
> > Therefore, pursuant to the provisions of the Rules of
> > LACRALO procedure and observing the Item 8 of the Principles
> > Operating LACRALO requiring representatives to LACRALO
> > ALAC debern that his principal residence in different passes of the
> > region and taking into account the analysis performed to determine
> qudebe
> > understood by residence, all of uniform considered two
> > separate concepts, residence and domicile. The Presidency
> > view that Mr. Humberto Carrasco NOT meet the requirements of
> > residence required to be accepted as a candidate vlido within the
> > election process that is open for the position of
> > LACRALO representative to ALAC.
> >
> >
> >
> >
> >
> >
> > Regards
> >
> >
> >
> >
> > Arce JosFrancisco
> >
> >
> > President of LACRALO
> > _______________________________________________
> >
> >
> >
> > [[--Original text (es)
> > http://mm.icann.org/transbot_archive/c765b40f69.html
> > --]]
> >
> >
> > _______________________________________________
> > lac-discuss-en mailing list
> > lac-discuss-en at atlarge-lists.icann.org
> > https://atlarge-lists.icann.org/mailman/listinfo/lac-discuss-en
> >
>
>
>
> --
> Lance Hinds
> Chief Technology Officer
> BrainStreet Group
> 287 'C' Albert St.
> Georgetown Guyana
>
>
>
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--
Ab. Arce, Jose Francisco
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