Statut des collections et marché de l’art en Italie. Aspects de droit comparé

Abstract

The subject of this essay is the relationship between legislation on public art collections and the art market in Italy. State-run museums are allowed to purchase works of art that are on the market. However, such purchases are rare, for financial reasons. Special forms of purchase reserved for state-run bodies (such as compulsory purchase, right of pre-emption, purchase for tax payment) do not influence the market. Moreover, the regulation of the trade protects the authenticity of works of art, and guarantees their legitimate origin; however, it does not specifically refer to any purchases made by public museums. However, Italian legislation does include restrictions as to the transfer, even if only partial, of assets that are part of public art collections. Less strict legal limitations are also in place for private collections. Essentially, these restrictions exclude public collections from the art market, and reduce the market for private collections. However, they do allow for the temporary international circulation of assets belonging to public collections, for cultural motives. These features of Italian legislation are linked to the history of Italian cultural state heritage. Public museums are closely bound to the local areas in which they are situated, and their fundamental mission is to preserve the heritage that has been passed down to them through history.