Abstract

The present contribution deals with the location and enjoyment of artworks. Basing on the analysis of a concrete case addressed by administrative judicial bodies, a number of related issues are addressed, including ownership and legal regulation of cultural property, as well as the relationship between the public administration and other public and private subjects involved in the determination and management of the location of an artwork. A crucial aspect of the concrete case under analysis was represented by the existence of a cemetery constraint in the place selected by the Ministry of Cultural Heritage and Activities and Tourism for placing the fresco, which, in the instant case, living aside the identity of the subject holder of the title of ownership over the property, influenced the outcome of the affair.