La Circolazione dei beni culturali: profili giuridici e sociali

Cultural goods are a peculiar kind of assets within the context of the Italian legal system. Indeed, despite they are capable of economic assessment, the economic aspect is prevalently scaled down in favour of a greater emphasis on their social function. They are an identifying feature of the Nation and a unique mean of human and intellectual enrichment.Hence, legal requirements for the transfer of such goods are strictly regulated, both within Italy and the European Union, in order to protect them and to ensure their proper preservation and use by the community.The State and the public authorities play a leading role in protecting, preserving and enhancing state-owned cultural goods and in governing the transfer of privately owned cultural goods with the aim of ensuring their protection.There has been plenty of activities aimed at finding new ways to raise up the value and social importance of cultural heritage; the role of private individuals has thus become significant, thanks also to measures such as the introduction of tax credit measures in this field (the so-called Artbonus) and sponsorships.As of today, although the Parliament has not yet discussed the possibility to grant cultural heritage with the status of “common heritage”, several proposals for a new approach to the management of cultural heritage and cultural goods have already came up. Worth to say, such proposals also provide for a closer engagement of the communities in such respect.