Yes.

If so, what are they? Are these only notarial acts or also acts of other authorities?

Article 156 paragraph 2 of the Code of civil procedure gives the definition of an authentic instrument (see answer question 1.) The notarial act is further defined in the Notarial Code. The Civil Code refers in some articles to a notarial act, meaning that only the authentic act signed by a notary (a notarial act) is accepted (see for example the mortgage act as mentioned in art. 3:260 Civil Code.)
Civil registrars, judicial officers and courts can also draw up authentic instruments in the Netherlands, regulated by the Civil Code and the Code of civil procedure.

The Dutch Code of Civil Procedure contains rules on the evidential value of authentic instruments in Articles 156, 157, 159, and 160. For the purpose of the evidential value, Article 156(2) defines authentic instruments as acts (a signed document) which have been drafted in conformity with the requirements by a designated person who is qualified by law to report on those events that he has witnessed or has executed.

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.

• The date on which the authentic instrument was drawn up

There will be a conclusive evidential effect on the date of drawing up according to Article 157(1) Code of Civil Procedure: the date is a matter falling within the scope of the notary’s observations and operations declared in the course of exercising his/her official authority. Rebuttal of this evidential presumption is possible: see Article 151 Code of Civil Procedure.

• The place where the authentic instrument was drawn up

There will be a conclusive evidential effect on the place of drawing up according to Article 157(1) Code of Civil Procedure: reference to the place of drawing up is a matter falling within the scope of the notary’s observations and operations declared in the course of exercising his/her official authority. Rebuttal of this evidential presumption is possible: see Article 151 Code of Civil Procedure

• The signature by the parties of the authentic instrument

There will be a conclusive evidential effect on the origin of the signatures from the parties according to Article 157(1) Code of Civil Procedure: reference to the origin of the signatures is a matter falling within the scope of the notary’s observations and operations declared in the course of exercising his/her official authority. Rebuttal of this evidential presumption in possible under Article 151 Code of Civil Procedure.

• The parties’ declarations

There will be a conclusive evidential effect on the fact of the making of the declarations by the parties according to Article 157(1) Code of Civil Procedure and also a conclusive evidential effect as to the truth of those statements between the parties (also binding their heirs and assigns) according to Article 157(2) Code of Civil Procedure. The conclusive presumption of the truth of the declarations made by the parties is, however, limited in terms of its legal effects to those legal effects that are truly at the discretion of the parties: there can be no such legal effects concerning matters that are outside the lawful discretion of the parties. Rebuttal of both evidential presumptions is possible under Article 151 Code of Civil Procedure.

• Any observation made by the authority within the limits of its competence

It is envisaged that additional information concerning the above mentioned evidential effects can be provided here. This could include: information as to heirs and assigns bound by the evidence in the authentic instrument; additional information that falls within Article 157(1) Code of Civil Procedure e.g. the name, place of residence and date of birth of the witnesses; and, possibly a reference to Article 151 Code of Civil procedure to indicate that only the most compelling contrary evidence will suffice to rebut the evidence in an authentic instrument.

• The measures the authority declares to have taken

There will, according to Article 157(1) Code of Civil Procedure, be a conclusive evidential effect concerning the facts that the authority (the notary) declares to have been verified by him/her in his/her presence: declarations concerning such verified facts fall within the scope of the notary’s observations and operations declared in the course of exercising his/her official authority. Rebuttal of this evidential presumption is possible under Article 151 Code of Civil Procedure.

• Appearance, identification and consent of the parties

There will, according to Article 157(1) Code of Civil Procedure, be a conclusive evidential effect concerning the appearance, identification of the parties and the fact that they gave their consent to the legal act laid down in the authentic instrument: declarations concerning such verified facts fall within the scope of the notary’s observations and operations declared in the course of exercising his/her official authority. Rebuttal of this evidential presumption is possible under Article 151 Code of Civil Procedure.

There are no specific procedures to challenge the authenticity of an authentic instrument. The content of the party statements included in the authentic instrument may be contested by providing counter-evidence. Should someone dispute the authenticity of an act, he/she must provide evidence that either the act is forged or that the person creating the act was not entitled to do so. There is no difference in this regard between challenging the authenticity or the material validity. If the challenge is successful, the authentic instrument can no longer be enforced. The actual enforcement may be challenged by way of an ‘enforcement dispute’.
Within what timeframe: general rules apply, meaning within 20 years, see Art. 3:306 Civil Code.

Only civil law notaries make the authentic instruments in succession cases. The death certificate drawn up by the municipality of the place where the deceased died is also an authentic instrument, not made by the notary.

The last wills, the Dutch declaration of inheritance (verklaring van erfrecht). If the notary makes an act of the division of the estate, this will be an authentic instrument. The authentic instrument is prescribed when the heirs are minor or incapable to represent themselves legally. For the transfer of ownership of an immovable property and shares in a limited liability company (BV), an authentic instrument by the notary is required.

Art. 4:188 Civil Code states:
– 1. A declaration of inheritance is an authenticated certificate in which a notary mentions one or more of the following facts:

• that one or more persons mentioned in the declaration, whether or not for specific shares, are heirs or the only heirs of the deceased, with indication if they already have accepted their inheritance;
• that the spouse of the deceased is or is not entitled by virtue of Section 4.3.2 to a usufruct of one or more assets belonging to the deceased’s estate, with indication if s/he has the power to dispose of (convey) the assets encumbered with his/her usufruct or if s/he has the right to consume (use up) these assets, and with indication if and until which moment the spouse may appeal to Article 4:29 paragraph 1 and 3;
• that the estate of the deceased is apportioned (divided) in accordance with Article 4:13, with indication if and until which moment the spouse has the right as meant in Article 4:18 paragraph 1;
• whether or not the estate of the deceased is subject to an administration by an executor, administrator or a liquidator appointed under Section 4.6.3, with indication of their powers; or
• that one or more persons mentioned in the declaration have the status of executor, administrator or liquidator. This special form of authentic instruments consists only of declarations of the notary and not of the heirs/legatees.

The declaration of inheritance is an example of the proces-verbaal akte, which only contains declarations of the notary.

Matrimonial agreements, registered partnership agreements and recognition of paternity.