Pinheiro Principle 15.7: states may, in situations of mass displacement where little documentary evidence exists as to ownership or rights of possession, adopt the conclusive presumption that persons fleeing during a period marked by violence or disaster did so for related reasons and are entitled to restitution; administrative and judicial authorities may independently establish the facts of undocumented claims
Claim ID
CH4-PIN-157
Exact or summary claim
Pinheiro Principle 15.7: states may, in situations of mass displacement where little documentary evidence exists as to ownership or rights of possession, adopt the conclusive presumption that persons fleeing during a period marked by violence or disaster did so for related reasons and are entitled to restitution; administrative and judicial authorities may independently establish the facts of undocumented claims
Destination
Chapter 4 (04-title-land-legitimacy_v47.md, the Pinheiro section at lines 61 to 69)
Status
SUPPORTED
Source
SRC-154; endorsement SRC-157
Source type
Primary United Nations instrument, E/CN.4/Sub.2/2005/17, endorsed by Sub-Commission resolution 2005/21
Published
2005-06-28
Accessed
2026-09-16
Measure and scope
Opened 16 September 2026 at research/retrieved/un-ods-e-cn4-sub2-2005-17.pdf, Principle 15.7 at page 12; the chapter's quotation at line 63 matches the instrument word for word ('ownership or rights of possession'). The handbook SRC-098 reprints the clause as 'ownership or possessory rights' in its closing pages; the chapter states the divergence at line 65
Known conflict
None on the instrument's text. Whether Syria's Law 33 of 2017 reconstitution route or Law 10's claim window satisfies the Principle is not asserted anywhere in the book (issue 47)
Specialist
Issue 47, SPECIALIST_REVIEW, OPEN: the Principles' application to Syrian claims is a question, not settled advice
Downstream
Chapter 4 lines 63 and 65; line 207 (the occupant paragraph points back to the Pinheiro section). Opened on MIN-319 (M5 of the v8 diff review), which found no claim row covered 15.7 or 17.1
Action
Quote the Principle or paraphrase it with its own modal (may, should, shall); do not present it as binding law or as settled advice while issue 47 is open