[lac-discuss-en] Final Consideration - Member of ALAC Election(Part 2)

Webmaster rok at bango.org.bb
Thu Aug 16 08:23:30 UTC 2012 

Jose Arch,

You are out of order. If LACRALO is to decide this then all the members must 
vote. You cannot single-handedly declare Humberto not meet the requirements 
when he does. You said it. His home is in Chile not UK and therefore his 
place of residence is in Chile not UK. He is merely staying in the UK for a 
while.

What are we in here? A dictatorship? What qualifies you to make such a 
pronouncement? Are you a judge in a case. This is a simple matter of opinion 
and you stated your opinion. In law you are ABSOLUTELY INCORRECT. Apart from 
dictionary meaning you must also go back to the transcripts, notes and any 
documents of the meeting to try to ascertain what was the intention of the 
meeting that made the decision. You have not done this in your pronouncement 
and this makes your purported judgment flawed.

Getting really tired of this nonsense. A chairman that does not understand 
his role.

ROK

-----Original Message----- 
From: josefranciscoarce at gmail.com
Sent: Wednesday, August 15, 2012 4:09 PM
To: lac-discuss-en at atlarge-lists.icann.org
Subject: [lac-discuss-en] Final Consideration - Member of ALAC Election(Part 
2)


[[--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
_______________________________________________



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--]]


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