Serena Cotugno

The research proposal analyzes, from the perspective of evolving private law, the tools offered by Italian civil law for the protection, management, and enhancement of cultural heritage, with particular reference to the areas of central Italy affected by the 2016 earthquake. These areas, already marked by economic and demographic marginalization, have been further weakened, making it urgent to identify legally sustainable models to foster processes of lasting regeneration.
The main objective is to develop a governance model for cultural heritage that uses innovative private law instruments capable of overcoming the traditional divide between public and private, integrating the principles of sustainability, horizontal subsidiarity, and shared responsibility as set out in constitutional law and commons theory.
The research examines the adaptability of institutions such as collective ownership, purpose trusts, network contracts between non-entrepreneurial entities, and participatory foundations, assessing their effectiveness both in legal protection and in promoting inclusive, participatory, and sustainable forms of heritage enhancement, understood as both tangible and intangible common goods.
A further focus concerns the role of digital technologies—collaborative platforms, open access archives, blockchain, and enhanced documentation tools—as enablers of a new cultural citizenship and tools for transparency and sharing.
The research is part of the FENICE Project, a strategic initiative for the integrated promotion of the territory and inland areas, and aims to contribute to the development of innovative legal tools supporting cultural and territorial regeneration.