Abstract

The article contains a very detailed juridical analysis of the «cultural domain» and of the recent legislation on the saleability of cultural goods in Italy. The analysis shows that the Code has precedents dating back to many years, so that the responsibility of the recent changes is shared by many governments. The Civil Code of the '40s, more than the cultural goods law of 1939, had well framed the questions, but succeeding legislators have messed up the issue. The new «saleable cultural domain» included in the Code is a grotesque concept as it puts together two conflicting characteristics: what is in the public domain is, by definition, inalienable.