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

Jue Ago 16 12:32:30 UTC 2012

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

 Asunto: Re: Examen Final - Miembro de la elección de ALAC (Parte 2) 
 De: jam at jacquelinemorris.com

 Hola Roosevelt 
 José Arce es el Presidente electo de LACRALO y merece la posición 
 que se les hable con un cierto nivel de respeto. No hay necesidad de ser tan 
 grosero e irrespetuoso en sus comunicaciones. Estoy seguro de que puede obtener 
 su punto a través de una manera más moderada .. 
 Estamos aquí todos los voluntarios que hacen el trabajo, y necesitamos la comunicación respetuosa. 

 Jacqueline A. Morris 
 La tecnología debe ser como el oxígeno: Ubicua, necesaria, invisible y 
 Gratis. (Después de que Chris Lehmann) 

 El Jue, 16 de agosto 2012 a las 4:23 AM, Webmaster <rok at bango.org.bb> escribió: 
> 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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