[[--Translated text (es -> en)--]] Subject: Re: =? Windows-1252? Q? RES = 09Examen_Final_-_Miembr 3A_ =? == Windows-1252? Q? O_de_la_elecci = F3n_de_ALAC_ = 28Parte_2 = 29? = From: asoto@ibero-americano.org The decision to Jose Arce was serious. If we vote, we should exclude members of AGEIA? This issue should be escalated. Alberto Soto Sent from my BlackBerry Claro Argentina ----- Original Message ----- From: "Vanda UOL" <vanda@uol.com.br> Date: Thu, 16 Aug 2012 14:23:16 To: 'Alberto Soto' <asoto@ibero-americano.org> ; <lac-discuss-es@atlarge-lists.icann.org> , 'At-Large Staff' <staff@atlarge.icann.org> Subject: RES: [lac-discuss-en] Final Exam - Member of the choice of ALAC (Part 2) Friends, I think we have a clear situation where the most sense to call a votacin online or by a doodle, to make a backup decisin serious, that is to exclude a candidate from an election. As I said, there are against and in favor. With a choice which have achieved majority of votes wins.And let us then with the suggestion of Charles Aguirre have a Working Group with lawyers of all the passages where ALS have, if possible, or at minimum, the most countries members LACRALO. As future issues of legal nature we will have this support. Hugs to all. Vanda ----- Mensagem Original ----- From: lac-discuss-es-bounces@atlarge-lists.icann.org [Mailto: lac-discuss-es-bounces@atlarge-lists.icann.org] Em nome of Alberto Copse Posted in: fifth-feira, August 16, 2012 9:45 To: lac-discuss-es@atlarge-lists.icann.org, 'At-Large Staff' Assunto: Re: [lac-discuss-en] Final Exam - Member of the choice of ALAC (Part 2) Dear Members of Staff, there is a way to curb those aggravate their opinions? Olivier, you really can not do anything? Who wrongs do it because it is unsubstantiated. And if present, is not how to express them. I really urge you to Rok to moderate their language, to say with foundations and only with what you think. Not what esthaciendo professional. Given these things just make you want to withdraw from LACRALO. Alberto Soto ----- Original Message ----- From: lac-discuss-es-bounces@atlarge-lists.icann.org [Mailto: lac-discuss-es-bounces@atlarge-lists.icann.org] On Behalf Of rok@bango.org.bb Posted on: Thursday, August 16, 2012 5:27 a.m. To: lac-discuss-es@atlarge-lists.icann.org Subject: Re: Final Exam - Member of the choice of ALAC (Part 2) [[- Translated text (in -> en) -]] Subject: Re: Final Exam - Member of the choice of ALAC (Part 2) From: rok@bango.org.bb JosArco, You estfuera of order. If LACRALO is to decide this, then all members should vote. You can not declare Humberto sOnly not meet when it does. Tlo have said. Home are Chile no UK and therefore their residence in Chile is not the United Kingdom. l is restricted to remain in the UK for a while. We who are here? A dictatorship? What do you qualify for a statement? Are you a judge in a case.This is a simple declarsu opininy cuestin of opinion. The law that are completely incorrect. Besides dictionary meaning should also back to the transcripts, notes and any documents of the meeting to try to determine the intention of the culture was that tomla reunin decision. You have not done in his speech and this makes their errnea alleged trial. Getting tired of this nonsense. A president who does not understand its paper. South Korea ----- Original Message ----- From: josefranciscoarce@gmail.com Posted on: WEDNESDAY, August 15, 2012 16:09 To: lac-discuss-en@atlarge-lists.icann.org Subject: [lac-discuss-en] Final Exam - Member of the choice of ALAC (Part 2) [[- Translated text (s -> s) -]] Subject: Final Exam - Member of the choice of ALAC (Part 2) From: josefranciscoarce@gmail.com It confuses two concepts: the principal residence and domicile, the Legislaciny Chilean jurisprudence has clarified and delimited time. * Article 59 of the Civil Code defines * Chile * E * (not the residence) and defines an internal component as home. The other elements of the house is the minimum stay there (in residence). * The home is the residence, accompanied by actual or presumably, the minimum to stay in it. Divdese in the political and civil. * * * * The Supreme Court case of Chile * (C Supreme December 24 1962, R, T 59, section 1, p 478) has discussed this topic.See Pgina 231: says: * * * 1. Domicile, residence, habitacin, purple. * * A) Do not confuse the elements of domicile and residence, First, that under the civil code is the residence acompaada the actual or minimum stay in it, is a valoracin jurdica defined by law Seala elements. In However, a mere matter of the ratio of residence in fact, absence the legal definition, must be understood as natural and obvious meaning of word, as the effect of acciny of residence, ie the fact that of seat in a particular location. * * In C Concepción, April 28, 1964, R, T 61, Section 4, p. 289 you have pronounced adjustment: * * Measure B) Civil, is the address of a person based jurdico and suite of residence and, in fact, a link between the person and the where she lives, ordinary or accidentally. * * * * 2) United Kingdom tax shari'ah * The legislation which is responsible for regulating the issue of taxes in the United Kingdom (Of which Scotland is a part) is also expressed in clear and distinctive between home and residence. The residence provides: UK residence * 2.2 * * There are many factors that will determine if you are resident in the UK.With one exception (discussed in paragraph below), not simply a question of the number of days that are physically present in the United Kingdom during the fiscal year, although it is a important consideration. * * The only time that the number of days that you are physically present in the UK will determine your residency status is when you is here to 183 days or more during the fiscal year. If you are here for 183 days or more in an fiscal year, you are resident in the UK. There are no exceptions to this rule. * * It may also be resident in the UK if they are present here less than 183 days in a year fiscal.Esto depend on how long and how are often Here, the purpose and pattern of their presence and their connections with the UK. These may include the location of his family, his property, its their work life and social relations. * * Http :/ / www.hmrc.gov.uk/cnr/hmrc6.pdf * * 3.2 What is the habitual residence? * * Ordinary residence is different from residence. The Common Word Indicates that their residence in the UK is typical for you and not casual. Do not confuse the habitual residence, established (see part 4). * * If you have always lived in the UK who are ordinarily resident Then you are here. When you arrive in the UK who have no mayor to remain in the United Kingdom Permanently or indefinitely in order to have a residence usual here. It enough that your residence has all the following attributes. * * Your presence here has a purpose could establecido.Esto is \\ u200b \\ u200bpor only a limited period, but have continued enough to be properly Described as Settled.Business, employment and family can provide all stated purpose, but this list is not exhaustive. * * Their presence in the UK is part of the regular the usual way of life for the moment. This may include temporary Absences from the UK.For example, if you come to live in UK for three years or more, then you will have established for regular and routine Mode of life here from the beginning. * * You have to eat in the UK voluntarily. The fact that has chosen to come to the UK at the request of their employer rather than find another job does not make their presence here involuntary. * * The pattern of his presence, both in the UK and abroad, is an important When you are deciding whether the factors have their habitual residence UK. You You also need to consider their reasons for being in, reach, or leave the UK and your lifestyle and habits. Parts 7 and 8 will help You With that, they explain the considerations for those who come to and leaving the UK. * http://www.hmrc.gov.uk/cnr/hmrc6.pdf * 4.2 What is the address? * * The home is usually a matter of law, not the tax law. There are many Stuff Affecting their home. Some of the main points you should Consider if you're not home to affirm in the UK shown below: * * You can not be without a home. * * You can only have one domicile at a time. * * You are domiciled in the country where you normally Have your permanent home. * * Your home will continue existing until buy a new one. * * Domicile is distinct from nationality and residence, While both may have an impact at home. * * The fact that register and vote and abroad voter does not take into account typically decide when or not to you are domiciled in the UK. * ** * All references to make his home in the UK refers to Be domiciled anywhere in the UK. * http://www.hmrc.gov.uk/cnr/hmrc6.pdf * Built-here is a technical term with a meaning.A large features (and this is a considerable simplification) An individual is resident in the United Kingdom if I was born in the United Kingdom or the United Kingdom is the historic home permanent and not a United Kingdom home if born outside the United Kingdom and Mayor To Remain permanently. * http://en.wikipedia.org/wiki/Taxation_in_the_United_Kingdom * In law, the domicile is the permanent assignment of state or of Being resident <http://en.wikipedia.org/wiki/Resident> In a special ** jurisdiction <http://en.wikipedia.org/wiki/Jurisdiction_%28area%29> .A ** person domiciled in a jurisdiction may remain even after you quit, they have a sufficient connection maintained with that jurisdiction or have not It has been an intention to leave permanently (ie, if that person has MOVED to a different state, but have no intention of staying Formed there indefinitely). A Corporate domicile equals out STI of incorporation. * * Http :/ / en.wikipedia.org / wiki / *** Domicile_ 28law% 29% * * * 3) sharee'ah of Scotland * * * * III.3. ** The personal status and relations in the state civil (name, domicile, capacity) * * The address of a person at the time of birth (home of source) is the same as that of its parent, whenever a child marriage. [] * * For over 16 years, assuming they are still home to origin You can also choose a different direction. To choose a different direction is must actually reside in the jurisdiction, with intention of remaining there indefinitely or permanently. In the time missing any of these requirements are reapplied autonomy of age. [] * * The cuestin the domicile of a person in a particular country, to often be governed by Islamic law of Scotland, except disposicin against, for example, an international instrument in 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 requires LACRALO requirement for LACRALO ALAC representative, have their place of principal residence in different passes of the region. The rules that define the residence Quse * means * and use (ascomo acompaada the rest of the shari'ah) use A similar approach: distinguish between domicile and residence in two separate and distinct concepts between s. So my understanding is that the Sr.Humberto Carrasco (L to itself as stated in an email discussion list LACRALO) has the * home * in Chile, but he is now residing However, as it has indicated its intention to return to Chile at the end his doctoral thesis, has a present intention that Chile is the real home, fixed, permanent and principal.Is where each estausente time, intends to return; while its * CV *, is that, as the home in a particular location, the link between the person and place residence either regularly or occasionally, with a certain character of permanence, ie more than a temporary stay (to complete their studies PhD) in Scotland. That is, following the criteria established by the laws applicable to our case, two concepts should not be confused: residence and domicile. In the case of Humberto Carrasco has two passes: Chile and Scotland. The criterion to assign one of these pass a house **, is a rule of law and that comments above: the home of Mr. Carrasco is the criterion Chile.The assigned to one of them passes a * home *, is a normal event: Mr.Carrasco is living, living, has a home with a character of stay (want to finish his doctoral thesis) in the City of Edinburgh, Scotland (ASO said in his email electrnicos: desconociencontrarse not live in the city of Edinburgh and be pursuing doctoral studies at the University of same name). * * Therefore, in accordance with the provisions of the Rules LACRALO procedure and observe Article 8 of the Principles Operating LACRALO requiring representatives LACRALO ALAC debern that his principal residence in the different steps of the region and taking into account the analysis performed to determine qudebe means place of residence, all in uniform as two separate concepts, residence and domicile. The Presidency view that Mr. Humberto Carrasco meets the requirements of residence necessary to be accepted as a candidate in the vlido electoral process is open to the position of LACRALO ALAC representative. Regards Arce JosFrancisco President of LACRALO _______________________________________________ [[--Original text (es) http://mm.icann.org/transbot_archive/dc2cc15068.html --]]