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"КОНВЕНЦИЯ ОРГАНИЗАЦИИ ОБЪЕДИНЕННЫХ НАЦИЙ О МЕЖДУНАРОДНЫХ ПЕРЕВОДНЫХ ВЕКСЕЛЯХ И МЕЖДУНАРОДНЫХ ПРОСТЫХ ВЕКСЕЛЯХ" [рус., англ.] (Принята в г. Нью-Йорке 09.12.1988 Резолюцией 43/165 Генеральной Ассамблеи ООН)





s article continues to operate beyond thirty days after the expiration of the time-limit for presentment for payment;
(d) If the drawee, the maker or the acceptor has no longer the power freely to deal with his assets by reason of his insolvency, or is a fictitious person or a person not having capacity to make payment, or if the drawee, the maker or the acceptor is a corporation, partnership, association or other legal entity which has ceased to exist;
(e) If there is no place at which the instrument must be presented in accordance with subparagraph (g) of article 55.
3. Presentment for payment is also dispensed with as regards a bill, if the bill has been protested for dishonour by non-acceptance.

Article 57

1.- If an instrument is not duly presented for payment, the drawer, the endorsers and their guarantors are not liable on it.
2.- Failure to present an instrument for payment does not discharge the acceptor, the maker and their guarantors or the guarantor of the drawee of liability on it.

Article 58

1.- An instrument is considered to be dishonoured by non-payment:
(a) If payment is refused upon due presentment or if the holder cannot obtain the payment to which he is entitled under this Convention;
(b) If presentment for payment is dispensed with pursuant to paragraph 2 of article 56 and the instrument is unpaid at maturity.
2.- If a bill is dishonoured by non-payment, the holder may, subject to the provisions of article 59, exercise a right of recourse against the drawer, the endorsers and their guarantors.
3.- If a note is dishonoured by non-payment, the holder may, subject to the provisions of article 59, exercise a right of recourse against the endorsers and their guarantors.

Section 3

RECOURSE

Article 59

If an instrument is dishonoured by non-acceptance or by non-payment, the holder may exercise a right of recourse only after the instrument has been duly protested for dishonour in accordance with the provisions of articles 60 to 62.

A. Protest

Article 60

1.- A protest is a statement of dishonour drawn up at the place where the instrument has been dishonoured and signed and dated by a person authorized in that respect by the law of that place. The statement must specify:
(a) The person at whose request the instrument is protested;
(b) The place of protest;
(c) The demand made and the answer given, if any, or the fact that the drawee or the acceptor or the maker could not be found.
2.- A protest may be made:
(a) On the instrument or on a slip affixed thereto ("allonge"); or
(b) As a separate document, in which case it must clearly identify the instrument that has been dishonoured.
3.- Unless the instrument stipulates that protest must be made, a protest may be replaced by a declaration written on the instrument and signed and dated by the drawee or the acceptor or the maker, or, in the case of an instrument domiciled with a named person for payment, by that named person; the declaration must be to the effect that acceptance or payment is refused.
4.- A declaration made in accordance with paragraph 3 of this article is a protest for the purpose of this Convention.

Article 61

Protest for dishonour of an instrument by non-acceptance or by non-payment must be made on the day on which the instrument is dishonoured or on one of the four business days which follow.

Article 62

1.- Delay in protesting an instrument for dishonour is excused if the delay is caused by circumstances which are beyond the control of the holder and which he could neither avoid nor over



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