3. Do all authentic instruments have the same enhanced probative value?

3. Do all authentic instruments have the same enhanced probative value?

3. Do all authentic instruments have the same enhanced probative value? 150 150 ih_authacts

Yes, see the answers under 1. Apart from the probative force, an authentic instrument can also have enforcement powers, but in principal only as long as it creates the obligation to pay a certain amount of money between the parties to the authentic instrument. This direct enforcement is the case for mortgage acts. The enforcement of authentic instruments is regulated in Article 430 and further of the Dutch Code of Civil Procedure and generally follows the rules on enforcement of judgments. The extra clause of enforcement power is in principle not added to authentic instruments connected with succession or family law. However, the proces verbaal akte can never have these enforcement powers.

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