La circulación nacional y internacional de los bienes culturales: el modelo italiano

The Italian legal system has conferred a new legislation to the national cultural assets through a code of cultural heritage, in 2004, contemporary with the French, an innovative code, which nevertheless retains a "cultural nationalism" approach, ie a highly developed protective legislation, in particular regard to the export of cultural heritage. The article is centred around the reconstruction of the system of cultural property and of his model of circulation: it’s a peculiar very complex system, which is focused, naturally, on the State's right of preemption and therefore, on the one hand, on the obligation of denunciation of the owner-seller, who has received the declaration of cultural interest and, secondly, from the real estate point of view, on the role of the transcription of the declaration of cultural interest, in relations with third parties. Regarding the international circulation, the article is mainly focuses on compulsory purchase mechanism under Italian law, against a final export demand of cultural heritage, and on the loan of cultural heritage, as a useful means for restitution agreements of cultural heritage, illegally transferred.