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The Credibility of Verbal Contracts.
In Spanish Law, not every contract needs a signed document to be valid. The Civil Code is very clear: it is sufficient that there is consent between the parties, a specific object, and a cause (Articles 1254, 1258, and 1261 of the Civil Code). This means that when someone commissions work or lends money and the other party accepts, a contract already exists, even if it hasn’t been put in writing.
This principle is called Freedom of Form and is enshrined in Article 1278 of the Civil Code: “Contracts shall be binding, whatever the form in which they have been entered into, provided that they contain the essential conditions for their validity.” Therefore, a Verbal Contract has the same binding force as a signed one. What changes is the ease of proving this if a dispute arises.
In practice, this happens constantly: verbally agreed-upon professional services, loans between friends or family, collaboration agreements… all of these create obligations. If one party fulfills their obligations and the other fails to pay, this constitutes a breach of contract that can be pursued through legal action.
How to prove the existence of the Debt
The real challenge with a Verbal Contract lies not in its validity, because the Law grants it full Legal effect, but in how to prove it. The Judge did not witness the agreement, and therefore it is necessary to convince him with evidence demonstrating that the relationship existed and that there was a payment commitment.
In practice, there are almost always traces left that allow investigators to reconstruct what happened. WhatsApp conversations, emails, or text messages in which the debtor admits to the request or promises to pay are among the most common. Transfers or payments via Bizum are also common when described as a loan, work-related, or any other financial reference.
This is further supported by invoices, accepted quotes, partial payments, and even witness statements from those who observed the commission. Recordings of phone calls in which the debtor acknowledges the debt, with the creditor present, are also common.
Spanish Jurisprudence accepts all these means as valid evidence, and goes even further: if the work or service commissioned has been used by the debtor, that simple fact is already compelling evidence that a Contract existed and, therefore, the obligation to pay. In short, even without a signed document, the existence of the agreement can be demonstrated by the collection of traces left by any economic relationship in real life.
Ways to file a Claim
Once the evidence has been gathered, the usual approach is to begin with a formal out-of-Court Demand. This has threamicably: it demonstrates a willingness to resolve the conflict amicably, it interrupts the statute of limitations (which is generally 5 years, art. 1964 CC), and it provides irrefutable proof of the claim.
If the debtor does not respond, we proceed to Legal Action:
- Monitoring Process When we have clear documents that prove the Debt (messages, transfers, acknowledgment of debt), it’s quick and effective: if the debtor doesn’t object, direct enforcement is ordered.
- Oral or Ordinary Trial If there is no conclusive document but there is indirect evidence and witnesses, the Judge assesses all the evidence to make a decision.
In both cases, the Law protects the creditor. The Civil Code obliges compliance with the agreement (art. 1091 CC) and holds the debtor liable for damages and interest due to the delay (arts. 1100 and 1108 CC).
Claiming a Debt without a written contract is not only possible, but the Legal System expressly allows it. The key isn’t the paperwork, but proving that there was an agreement, work performed, or money given in exchange for something in return. A Verbal Contract is just as valid as a written one, as long as it can be proven with messages, transfers, witnesses, or any other evidence of the transaction.
