Is entitled to delivery of the goods and compensation for damage caused by shortages and damage, the rightful holder of a blank endorsed bill of lading without having to prove the existence of damage in his own assets. The third party holder who issues the claim in damages after a cargo interested party has been fully compensated by the cargo insurer will, from an economic point of view, also represent the interests of that insurer, but this does not, in principle, affect his title to sue as long as he does not transfer his rights under the bill of lading to another party or another party acquires them by subrogation. The fact that another cargo interested party, in particular the ultimate buyer of the cargo, would have been fully compensated by the cargo insurer, does not affect the title to sue of the rightful third party holder of the bill of lading. Despite late protest and, consequently, presumption of compliant delivery, the damage is deemed to have arisen during the sea voyage on the basis of sufficiently well-founded elements in the parties' survey reports. In itself, the difficulties of proof encountered by the carrier in the event of an unknown cause in any case justify that he cannot be presumed to be liable for damages incurred during the sea voyage.
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