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Andrea Fantin

The regulation on the Cultural Heritage individual use

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Abstract

The Italian Code of Cultural and Environmental Heritage, at art. 106, illustrates the concept of the so-called "individual use" of objects included in the Cultural Heritage that are belonging to public Authorities. The Code, in regulating the matter, aims at furnishing a definition of the specific scope of the law enforcement - in both the subjective and objective points of view -, but the rule does not clearly outline neither the content of the relation between Administrations and dealers nor the nature of the rights established in favour of the latter ones. Consequently, this analysis is centred on clarifying the exact content of the subjective position arising from the rule.

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