[lac-discuss-en] RES: Re: Final Consideration - Member of ALAC Election (Part 2)
vanda at uol.com.br
vanda at uol.com.br
Wed Aug 15 21:40:53 UTC 2012
[[--Translated text (es -> en)--]]
Subject: RES: Re: Final Consideration - Member of ALAC Election (Part 2)
From: vanda at uol.com.br
Well, I believe can not be driven by LACRALO Chilean law or other national
Laws! If the person has citizenship and is temporarily leaving in another
country I see no reason to not allow the person to Participate.
Even regarding regional balance in ICANN, citizenship is the MOST
Combined With The critical issue to get another That demand "
citizenship "Must the person in another country comprove leaving for more
than 5 years!
So people, lets be reasonable. If we will depend on Each country law, to
Any decision, we will end With Each one voting based on ITS own laws. It
from my view is crazy.
Vanda
----- Mensagem Original -----
From: lac-discuss-es-bounces at atlarge-lists.icann.org
[Mailto: lac-discuss-es-bounces at atlarge-lists.icann.org] Em nome JostbNL> Francisco Arce
Posted in: Quarta-Feira, 15 August 2012 18:07
To: LACRALO Espaol, Silvia Vivanco, At-Large Staff
Assunto: [lac-discuss-en] Fwd: Final Consideration - Elections for Member
ALAC (Part 2)
---------- Forwarded message ----------
From: Maple JosFrancisco <josefranciscoarce at gmail.com>
Date: August 15, 2012 17:05
Subject: Final Consideration - Member of ALAC Election (Part 2)
To: LACRALO Espaol <lac-discuss-es at atlarge-lists.icann.org>
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. View Pgina
231:
http://books.google.com.py/books?id=R40zBEfltIoC&pg=PA231&lpg=PA231&dq=juris
prudence + Chile + home + and + & source = bl home & ots = ga4bUbvF2g & sig = O_YRLG
yCBviqCmADShvER6gsvHQ & hl = en & sa = X & ei = CHwmUN_2KIja9ATh8IGQAQ & ved = 0CEUQ6AEwAQ # v
= Onepage & q = law%% 20chilena% 20and% 20residencia 20domicilio & f = true)
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 actual acompaada residence
or presumptively the minimum to stay in it, is a valoracin
jurdica defined by law Seala elements.In contrast,
residence a mere matter of de facto relationship in the absence of definition
legal, must be understood as natural and obvious meaning of the word, as
acciny reside effect, ie, the fact of being in a seat
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
During's the UK 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 is usually
regulated by the Scottish sharee'ah except disposicin contrary, for
example of an international instrument to which the United Kingdom is a party.
[..] *
http://ec.europa.eu/civiljustice/applicable_law/applicable_law_sco_es.htm # II
I.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 its
* 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
countries: 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 Procedure
LACRALO and observing the Item 8 of the Operating Principles LACRALO
requiring representatives to ALAC debern LACRALO have their
principal residence in different passes of the region and taking into
account the analysis performed to determine understood qudebe
residence, all of uniform concepts considered two
separate, residence and domicile. The Presidency considers that the
Mr. Humberto Carrasco NOT meet the residency requirements required
to be accepted as a candidate in the election process vlido that
is open for the position of representative of LACRALO to
ALAC.
Regards
Arce JosFrancisco
President of LACRALO
-
Ab. Arce, Jose Francisco
+ 54 9 351 6788920
_______________________________________________
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