What must all parties have for their agreement to be enforceable by civil law?

For an agreement to be enforceable by civil law, the intention to create legal relations is fundamental. This means that both parties involved must intend for their agreement to have legal consequences. This intention is essential because, without it, the agreement may be seen merely as a casual arrangement or a social agreement rather than a binding contract.

The intention to create legal relations distinguishes between informal agreements and those that are meant to be legally enforceable. In business contexts, parties typically assume that their agreements are intended to be legally binding, which is critical for protecting their rights and establishing their obligations. Therefore, demonstrating this intention is a crucial element for enforceability in civil law.

While a written contract can support this intention, it is not strictly necessary for all agreements; many verbal agreements can be legally binding if the intention exists. Witnesses and legal representation also do not determine the enforceability of an agreement; they might provide additional security or context, but they are not required for the existence of a legal contract.