Circulation and function of cultural property: a legal model of property based on faculties and «obligations» at the same time
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Abstract
The essay analyzes the various aspects of legal circulation of cultural property through the modern theory of goods, by deepening property function («social» and «universal» function), in order to solve problems and conflicts concerning the examined matter. A particular legal statute of cultural property takes relevance, as this kind of property is not only composed of faculties, but also of a series of obligations upon private individuals [just as it emerges from the recent Code of cultural goods (so called «Code Urbani»)].
Keywords
- Cultural Property
- Property Function
- Legal Statute of Cultural Property (Faculties and Obligations)
- Code of Cultural Goods («Code Urbani»)
- Law and Interpretation