Examen Final - Miembro de la elección de ALAC (Parte 2)

Mie Ago 15 20:47:42 UTC 2012

[[--Translated text (en -> es)--]]

 Asunto: Re: Examen Final - Miembro de la elección de ALAC (Parte 2) 
 De: brainstreetceo en gmail.com

 Gracias José, 

 Sé que a veces las cosas se pierden en la traducción, de manera sólo para ser claros, es 
 que la opinión del Presidente de LACRALO que el candidato es elegible o 
 como Presidente de LACRALO que están gobernando que el candidato no reúne los requisitos y 
 por lo tanto, no pueden participar en las elecciones para ser nuestro ALAC 
 representante? 

 Saludos cordiales 

 Lanza 

 On Wed, 15 de agosto 2012 a las 4:09 PM, <josefranciscoarce en gmail.com> escribió: 
 > 
> [[--Translated text (es -> en)--]]
>
>  Subject: Final Consideration - Member of ALAC Election (Part 2)
>  From: josefranciscoarce en 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 (en)
http://mm.icann.org/transbot_archive/9f10666ea4.html
--]]