Cultural Property Law
A.Y. 2025/2026
Learning objectives
The course includes lectures by the teacher on the following topics: the history of legislation on cultural heritage; the regulation of cultural heritage in the European Union; the main international conventions concerning cultural heritage; legislative and administrative competences in the field of cultural heritage legislation; the internal organization of the Ministry for Cultural Heritage and Activities (MiBAC); the discipline of cultural heritage contained in the Code of cultural heritage and landscape (legislative decree 22 January 2004, n. 42); the notion of cultural property; the different categories of cultural heritage; cultural assets of public and private property; the methods of ascertaining and verifying the cultural nature of private and public assets; the forms of protection, conservation and protection of cultural heritage; modifications of cultural heritage; the circulation, trade and alienation of cultural assets at national level; international circulation and within the European Union; the removal of cultural assets from the national territory and the return of cultural assets illegally imported into Italy; archaeological assets; archaeological excavations and fortuitous finds; the expropriation of cultural assets, the use of public cultural assets by private entities; the use of institutes and places of culture; access to public and private cultural assets; forms of management of publicly owned cultural assets; the enhancement of cultural heritage; the consultation of documents contained in public and private archives; the criminal, civil and administrative sanctions established in the event of violation of the rules for the protection of cultural heritage.
There are no supplementary didactic activities and exercises.
There are no supplementary didactic activities and exercises.
Expected learning outcomes
Knowledge: at the end of the course the student, who has successfully learned the subject, will have acquired full mastery of the topics covered in class and illustrated in the manual and in the related teaching materials.
Skills: the course aims to provide students with detailed and in-depth knowledge of the legislative discipline - national, European and international - of cultural heritage, in particular of the discipline contained in the Code of cultural heritage and landscape (Legislative Decree no. . 42/2004 and the rules and conventions referred to therein); The course also aims to make the student acquire or develop the ability to correctly set and solve practical problems in the light of the notions, principles and rules under study.
Skills: the course aims to provide students with detailed and in-depth knowledge of the legislative discipline - national, European and international - of cultural heritage, in particular of the discipline contained in the Code of cultural heritage and landscape (Legislative Decree no. . 42/2004 and the rules and conventions referred to therein); The course also aims to make the student acquire or develop the ability to correctly set and solve practical problems in the light of the notions, principles and rules under study.
Lesson period: First semester
Assessment methods: Esame
Assessment result: voto verbalizzato in trentesimi
Single course
This course cannot be attended as a single course. Please check our list of single courses to find the ones available for enrolment.
Course syllabus and organization
Surname A-D
Responsible
Lesson period
First semester
Course syllabus
Presentation of the course
The course includes lectures by the teacher on the following topics: the history of legislation on cultural heritage; the regulation of cultural heritage in the European Union; the main international conventions concerning cultural heritage; legislative and administrative competences in the field of cultural heritage legislation; the internal organization of the Ministry for Cultural Heritage and Activities (MiBAC); the discipline of cultural heritage contained in the Code of cultural heritage and landscape (legislative decree 22 January 2004, n. 42); the notion of cultural property; the different categories of cultural heritage; cultural assets of public and private property; the methods of ascertaining and verifying the cultural nature of private and public assets; the forms of protection, conservation and protection of cultural heritage; modifications of cultural heritage; the circulation, trade and alienation of cultural assets at national level; international circulation and within the European Union; the removal of cultural assets from the national territory and the return of cultural assets illegally imported into Italy; archaeological assets; archaeological excavations and fortuitous finds; the expropriation of cultural assets, the use of public cultural assets by private entities; the use of institutes and places of culture; access to public and private cultural assets; forms of management of publicly owned cultural assets; the enhancement of cultural heritage; the consultation of documents contained in public and private archives; the criminal, civil and administrative sanctions established in the event of violation of the rules for the protection of cultural heritage; the protection of modern and contemporary works of art; the general regulation of landscape and landscape assets.
There are no supplementary didactic activities and exercises.
The course includes lectures by the teacher on the following topics: the history of legislation on cultural heritage; the regulation of cultural heritage in the European Union; the main international conventions concerning cultural heritage; legislative and administrative competences in the field of cultural heritage legislation; the internal organization of the Ministry for Cultural Heritage and Activities (MiBAC); the discipline of cultural heritage contained in the Code of cultural heritage and landscape (legislative decree 22 January 2004, n. 42); the notion of cultural property; the different categories of cultural heritage; cultural assets of public and private property; the methods of ascertaining and verifying the cultural nature of private and public assets; the forms of protection, conservation and protection of cultural heritage; modifications of cultural heritage; the circulation, trade and alienation of cultural assets at national level; international circulation and within the European Union; the removal of cultural assets from the national territory and the return of cultural assets illegally imported into Italy; archaeological assets; archaeological excavations and fortuitous finds; the expropriation of cultural assets, the use of public cultural assets by private entities; the use of institutes and places of culture; access to public and private cultural assets; forms of management of publicly owned cultural assets; the enhancement of cultural heritage; the consultation of documents contained in public and private archives; the criminal, civil and administrative sanctions established in the event of violation of the rules for the protection of cultural heritage; the protection of modern and contemporary works of art; the general regulation of landscape and landscape assets.
There are no supplementary didactic activities and exercises.
Prerequisites for admission
The preliminary activities are defined according to the didactic regulations of the degree course. In any case, knowledge of the fundamental notions of constitutional law and private law is demanded.
Teaching methods
Teaching is provided through lectures, in which, however, the active participation of participants is promoted in order to discuss problems and practical cases. This teaching method will enable students to acquire and hone their skills in the critical reworking and practical application of the legal concepts presented by the teacher. The use of e-learning teaching materials on the Ariel platform is no planned. Course attendance, although strongly recommended, is not compulsory.
Teaching Resources
For attending students, the teaching and exam program will be agreed upon and defined in detail during the lessons.
In any case, all students, whether attending or not, are required to have a detailed and in-depth knowledge of the provisions contained in the Cultural Heritage and Landscape Code (Legislative Decree 22 January 2004, no. 42, and subsequent amendments), concerning the regulation of cultural heritage (articles 1-130, 160-166 and 169-180), and of the national, European and international regulations mentioned therein.
The study and knowledge of the following manual is required:
- F. GAFFURI (a cura di), Diritto dei beni culturali, Le Monnier editore, Milano, 2023 (excluding CHAPTER 9).
Knowledge of national and European regulations and international conventions reported in the first part (pages 3 - 369) of the following textbook is also required:
- F. GAFFURI (a cura di), Casi e materiali per lo studio del diritto dei beni culturali, Le Monnier editore, Milano, 2025.
In any case, all students, whether attending or not, are required to have a detailed and in-depth knowledge of the provisions contained in the Cultural Heritage and Landscape Code (Legislative Decree 22 January 2004, no. 42, and subsequent amendments), concerning the regulation of cultural heritage (articles 1-130, 160-166 and 169-180), and of the national, European and international regulations mentioned therein.
The study and knowledge of the following manual is required:
- F. GAFFURI (a cura di), Diritto dei beni culturali, Le Monnier editore, Milano, 2023 (excluding CHAPTER 9).
Knowledge of national and European regulations and international conventions reported in the first part (pages 3 - 369) of the following textbook is also required:
- F. GAFFURI (a cura di), Casi e materiali per lo studio del diritto dei beni culturali, Le Monnier editore, Milano, 2025.
Assessment methods and Criteria
The exam is an oral interview focusing on the entire course curriculum; the final judgement is expressed in thirtieth on the basis of the answers given by the student to the questions asked by the examiner. The exam is designed to verify, in addition to the knowledge of the topics dealt with in the lessons and in the manuals adopted, the student's ability to deal with and solve, in an autonomous way, legal issues through the critical reworking of the notions acquired and, in the event of participation in the lessons, the understanding and ability to evaluate the cases dealt with. There are no intermediate written or oral tests.
Surname E-N
Responsible
Lesson period
First semester
Course syllabus
The syllabus is shared with the following courses:
- [CAA-13](https://www.unimi.it/en/ugov/of/af20260000caa-13)
- [CAA-13](https://www.unimi.it/en/ugov/of/af20260000caa-13)
IUS/10 - ADMINISTRATIVE LAW - University credits: 6
Lessons: 42 hours
Professor:
Tocci Mario
Shifts:
Turno
Professor:
Tocci MarioSurname O-Z
Responsible
Lesson period
First semester
Course syllabus
The syllabus is shared with the following courses:
- [CAA-13](https://www.unimi.it/en/ugov/of/af20260000caa-13)
- [CAA-13](https://www.unimi.it/en/ugov/of/af20260000caa-13)
IUS/10 - ADMINISTRATIVE LAW - University credits: 6
Lessons: 42 hours
Professor:
Provenzano Paolo
Shifts:
Turno
Professor:
Provenzano PaoloProfessor(s)