Loss of cargo, shipper’s standing and burden of proof

Abstract

This article analyzes the issue of cargo loss in the context of goods transport contracts, with particular focus on the shipper’s active standing and the burden of proof placed on the carrier. Through the examination of two rulings by the Italian Supreme Court (Cass. civ., Sez. I, May 14, 2018, no. 11723, and Cass. civ., Sez. III, September 16, 2025, no. 25290), a systematic reinterpretation of carrier liability is proposed. The study explores doctrinal and jurisprudential criteria that define who is entitled to claim damages in case of cargo loss or damage, as well as the principles governing the distribution of evidentiary burdens. A comparative perspective with international law and Spanish jurisprudence highlights a normative convergence around the objective liability of the carrier and the centrality of transport documentation