The Trend Towards the Restitution of Cultural Properties: Some Italian Cases
CHAPTER twenty-three THE TREND TOWARDS THE RESTITUTION OF CULTURAL PROPERTIES: SOME ITALIAN CASES Tullio Scovazzi* 1. The Basic Aspects of the Italian Legislation The importance of cultural heritage is rooted in the mind of the majority of Ital- ians. The unification of the country was first achieved in the cultural field, due to the Divina Commedia of Dante (1265–1321) and the literary works of Petrarch and Boccaccio (XIV century), written in the Italian language and not in Latin. The cultural dimension was strengthened by the great artistic tradition of the Renaissance and the Baroque styles which originated in Italy. The political uni- fication of the country followed much later, as the kingdom of Italy was pro- claimed only in 1861. One of the first instances of legislation in the field of cultural properties is a decision taken in 1602 by the grand duke of Tuscany, subjecting to a licence the export from the State of “good paintings” and prohibiting altogether the export of the works of nineteen selected masters, namely Michelangelo Buonarroti, Raf- faello Sanzio, Andrea del Sarto, Mecherino, Rosso Fiorentino, Leonardo da Vinci, Franciabigio, Pierin del Vaga, Jacopo da Pontormo, Tiziano, Francesco Salviati, Bronzino, Daniele da Volterra, Fra Bartolomeo, Sebastiano del Piombo, Filippino Lippi, Correggio, Parmigianino and Perugino.1 The legislation adopted in the Papal State at the beginning of the XIX century, in particular the edicts enacted respectively on 2 October 1802 and on 7 April 1820, set forth a number of fundamental principles that are reflected also in the legislation in force today. Private subjects have to declare to the State the cul- tural properties of which they were owners.
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