# burden of proof

*Last updated: 2026-06-26*

> In transport law, the burden of proof determines which party must produce evidence to support a claimed fact—whoever carries it and fails to discharge it loses on that point, even without active rebuttal from the other side.

In transport law, the burden of proof determines which party must produce evidence to support a claimed fact—whoever carries it and fails to discharge it loses on that point, even without active rebuttal from the other side. The general starting position in freight disputes is that the consignee must demonstrate damage or loss, while the carrier must show it exercised due care or that a statutory exclusion applies. This allocation is codified in instruments such as the CMR Convention for road freight and the Montreal Convention for air cargo. Burden of proof is distinct from the weighing of evidence: the former assigns the obligation to produce; the latter governs how courts evaluate what is produced.

**Source:** [https://de.wikipedia.org/wiki/Beweislast](https://de.wikipedia.org/wiki/Beweislast)

## Quick Facts

| Property | Value |
|---|---|
| Term | burden of proof |
| Language | EN |
| Word count | 115 |
| Last updated | 2026-06-26 |
| Source | https://de.wikipedia.org/wiki/Beweislast |

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