Lo que logre saber de ICANn es - Respecto la cuestión de independencia de LACRALO / what i got from ICANN is, regarding LACRALO Independence: LACRALO can be independent to the extent the LACRALO Rules do not conflict with agreements in ICANN/LACRALO MoU or the ICANN Bylaws; -----Mensagem original----- De: lac-discuss-es-bounces@atlarge-lists.icann.org [mailto:lac-discuss-es-bounces@atlarge-lists.icann.org] Em nome de rok@bango.org.bb Enviada em: quinta-feira, 16 de agosto de 2012 23:40 Para: lac-discuss-es@atlarge-lists.icann.org Cc: lac-discuss-en@atlarge-lists.icann.org Assunto: Re: Examen Final - Miembro de la elección de ALAC (Parte 2) [[--Translated text (en -> es)--]] Asunto: Re: Examen Final - Miembro de la elección de ALAC (Parte 2) De: <mailto:rok@bango.org.bb> rok@bango.org.bb Hola Jacqueline, Mis más humildes disculpas. Esto es realmente muy doloroso de soportar. Creo que lo haré excusarme. Además, estoy en desacuerdo con Carlton que el Presidente tiene el derecho de interpretar las normas de carta blanca. La autoridad para la interpretación de las normas se basa en el cuerpo general de cualquier organización y no en el Presidente. El Presidente no tiene la autoridad para enviar el cuerpo general separe a continuación, para los miembros individuales a petición en contra de un gobernante. Si hay división acerca de la interpretación, entonces la pregunta debe ser pone al cuerpo en general. No hay ninguna razón por la silla que arriesgarse a cabo de esta manera. Aquellos que sienten que Humberto se puede hacer un buen trabajo desde donde se se debe ser capaz de votar por él. Los que no pueden votar por alguien otra cosa. Simple. Si Humberto se le permite votar, lo que influye en las decisiones de LACRALO, yo no veo cómo se le puede excluir de su nominación.Este es uno de los factores que lo considere con derecho sobre todos los demás factores. Corea del Sur ----- Mensaje original ----- De: Jacqueline Morris Enviado el: Jueves, 16 de agosto 2012 8:30 AM Para: Webmaster Cc: <mailto:lac-discuss-en@atlarge-lists.icann.org> lac-discuss-en@atlarge-lists.icann.org Asunto: Re: [lac-discuss-es] Examen Final - Miembro de ALAC Elecciones (Parte 2) 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 aquà todos los voluntarios que hacen el trabajo, y necesitamos respeto comunicación. Jacqueline A. Morris La tecnologÃa debe ser como el oxÃgeno: Ubicua, necesaria, invisible y Gratis. (Después de que Chris Lehmann) El Jue, 16 de agosto 2012 a las 4:23 AM, Webmaster < <mailto:rok@bango.org.bb> rok@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: <mailto:josefranciscoarce@gmail.com> josefranciscoarce@gmail.com
Sent: Wednesday, August 15, 2012 4:09 PM
To: <mailto:lac-discuss-en@atlarge-lists.icann.org> lac-discuss-en@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: <mailto:josefranciscoarce@gmail.com> josefranciscoarce@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> 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> 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> 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> 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> http://en.wikipedia.org/wiki/Resident> In a special **
jurisdiction < <http://en.wikipedia.org/wiki/Jurisdiction_%28area%29> 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_> 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> 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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