Is testimonial evidence sufficient and adequate to prove contractual obligations?

By: Daniela Rojas

In commercial relationships and practices, it is often assumed that good faith and verbal agreements are enough to regulate rights and obligations. Under that logic, it’s not unusual for parties to trust that, should a disagreement arise, the testimony of those who witnessed what was agreed will suffice. Which leads us to ask: is testimonial evidence sufficient and adequate to prove contractual obligations?

While our legal system recognizes the validity of verbal contracts when their essential elements are met, judicial experience shows that a simple «gentleman’s agreement» — combined with the absence of documentary support and the lack of written formalization — opens the door to divergent interpretations and, above all, serious evidentiary difficulties.

This was reaffirmed by the Tribunal Superior de Antioquia, in a decision authored by Magistrate Fabián Enrique Yara Bernítez (Case No. 05154311200120220019401), within a forced accounting proceeding. The court held that, in scenarios involving economic obligations, the absence of documents and the ambiguity that typically accompanies verbal agreements cannot be remedied or proven solely through testimony. The lack of written support constitutes a strong indication that the act never occurred, in accordance with Article 225 of the Colombian Civil Procedure Code.

In the specific case, the defendant based its defense primarily on testimony to justify payments, loans and discounts made during its administration, without providing documents to back up those claims. The absence of written support and the lack of clarity on essential aspects — such as dates and amounts — led the Court to conclude that the probative value of such statements was insufficient to prove the obligations alleged.

This reasoning makes clear that the need for written records and adequate evidentiary support is not the product of excessive formalism, but a practical necessity. The careful preparation and organized preservation of contracts, receipts, proofs of payment, statements and other documents evidencing compliance with obligations constitutes a genuine safeguard against potential disputes. Without that documentary backing, even actions taken in good faith may lack the probative force required to be recognized by a judge.

In conclusion, while testimonial evidence is not without probative value and can be useful to contextualize or complement other means of proof, its effectiveness usually depends on being supported by documentary evidence that provides certainty, precision and verifiability. For this reason, formalizing and putting agreements in writing — clearly defining the scope of the obligations within the relationship — is not unnecessary formalism, but a reasonable way to prevent ambiguities and evidentiary difficulties.