What is Ahde Vefa?
Ahde vefa literally means “to keep one’s word”. In real estate terminology, this concept is expressed as the expectation that the conditions in the contract will be fulfilled by the parties.
Legally, it means commitment to the contract. It states that the persons bound by the contract have to keep their promises of their own free will. According to this concept, the debtors of a contract are obliged to fulfill their obligations.
Pledge of allegiance is valid only for the promises made by individuals with their free will. The fact that the contracted person is under pressure or threat, is unable to make his own decisions by law, or is in situations where he cannot fulfill his promise (death, natural disaster, etc.) may invalidate this concept.
Pledge of allegiance does not depend on circumstances that change over time or on events that carry risk. For example, the fact that the firm undertaking the construction of mass housing cannot find affordable cement does not make the firm independent from the contract. However, in cases such as natural disasters such as earthquakes or floods in the area where the construction will be made, the commitment to the contract may be invalidated. Such situations are considered as destruction of a party in the legal sense and the contract is re-examined.
