The research proposal analyzes, from an evolutionary private law perspective, the tools offered by Italian civil law for the protection, management, and enhancement of cultural heritage, with particular reference to the central Italian territories affected by the 2016 earthquake. These areas, already marked by economic and demographic marginalization, have become even more vulnerable, making it urgent to identify legally sustainable models to support processes of long-lasting regeneration.
The main objective is to develop a model of cultural heritage governance that utilizes innovative private law instruments capable of overcoming the traditional divide between public and private sectors, integrating the principles of sustainability, horizontal subsidiarity, and shared responsibility, as found in constitutional law and common goods theories.
The research examines the adaptability of instruments such as collective ownership, purpose trusts, network contracts among non-entrepreneurial bodies, and participatory foundations, assessing their effectiveness both for legal protection and for the promotion of inclusive, participatory, and sustainable forms of heritage enhancement, understood as a common good—both tangible and intangible.
An additional focus concerns the role of digital technologies—collaborative platforms, open access archives, blockchain, and augmented documentation tools—as enablers of a new cultural citizenship and as tools for transparency and sharing.
The research takes place within the framework of the FENICE Project, a strategic initiative for the integrated development of the region and its inland areas, and aims to contribute to the development of innovative legal tools to support cultural and regional regeneration.