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 aquí todos los voluntarios que hacen el trabajo, y necesitamos respeto comunicación. 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 < <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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