Yes, under Luxembourg law, the authentic instrument carries a higher probative value.
The general principles governing authentic instruments are set out in the following provisions: according to the first article of the amended law of 9 December 1976 on the organisation of the profession of notary (hereinafter “organic law”), notaries are public officers authorised to record any instrument or contract which the parties are obliged, or may wish, to invest with the authenticity associated with instruments having public authority, and to authenticate their date, keep them safe and issue principal and additional copies. According to article 1317 of the Civil Code, the authentic instrument is that received by public officers with the right to act in the place where the act has been drafted, and with the required solemnity.
Regarding the probative value of the authentic instrument, article 37 of the organic law states that notarised instruments are valid according to the provisions of the Civil Code. It is article 1319 of the Civil Code that specifies that an authentic instrument is complete proof of the agreement it embodies between the contracting parties and their heirs or persons claiming through them. However, in the event of a criminal complaint of forgery, the execution of the instrument alleged to be forged is suspended when the indictment is laid. Furthermore, where an allegation of forgery is made in other proceedings, the court may, depending on the circumstances, make a provisional order suspending the execution of the instrument.
