مسائل المنتخبه (Articles Of Islamic Acts) - الخوئي، السيد أبوالقاسم - الصفحة ٦١٦ - MISCELLANEOUS PROBLEMS

person who has signed the pronote and demand the full amount of the pronote from them and to return the pronote in lieu of the amount entered in it(without making any reduction in it). And the seller of the pronote or those who have signed it are also under obligation that in case of demand by the bank or by any otherbuyer they should pay the amount. And all or most of the persons who give pronotes or sign them are aware of this obligation and purchase and sale of pronotes and actionthereon takes place according to this very condition (which is called the implicit" condition). Hence, in the case of those person who are aware of this condition beingnecessary, it is implicit in the pronotes on which action is taken in accordance with it, and it is necessary to observe it. And this condition is like the registration oftransactions of immovable property effective if it is not registered with the registrar. All persons are therefore, bound to get it registered and none can decline to secureregistration, because this condition is the very basis of the transaction being effective. And as has been mentioned already such conditions on the basis of which action istaken are called implicit conditions.
٢٨٤٩. It is customary with the banks that they do not purchase a pronote bearing one signature. However, (here are certain persons who also deal in pronotes bearingone signature. And as these persons usually give the price and purchase the pronotes and mostly it is by way of debt and in the case of debt charging more is usury; hence thesaid transactions are unlawful and whatever is taken in excess is interest. However, if they wish that their transactions should be valid and whatever they take in excessshould not be interest there are certain ways of it and two of such ways which are easier than others are mentioned below:
(i) Whatever price the person concerned pays should not be paid by the name of giving or taking debt but should be