Il diritto di proprietà nella circolazione delle opere d'arte. I confini fra diritti “privati” e interesse pubblico nella teoria dei beni comuni.

The object of this research is twofold: on the one hand the property right, with particular reference to the public property; on the other hand, the issue of national and international circulation of works of art. The two topics, certainly interrelated and interconnected, are analyzed through the deepening of the theory of commons, from its origins in the sixties of the last century to the recent doctrinal and social debates that have involved, in recent years, the Italian academy and politics. Can the property be only public or private, or can a third category exist? Can works of art, and more generally cultural assets, be included among the so-called commons? Can theories concerning commons influence the adoption by the sovereign States of laws that are more or less favorable to the circulation of works of art? The answer to these questions can be both normative and philosophical and derives from a value choice that every legal system must necessarily adopt: the answers will certainly be different, in the same way that, all around the world, there are sovereign States "exporters" and sovereign States "importers" of works of art.