Della nobile arte del distinguere (anche a proposito di “nullità” in tema di beni culturali)

Of the noble art of distinguishing (also regarding “nullity” in terms of cultural heritage) The paper comments on the ruling of the Court of Cassation, Section. II, n. 11032/2022, regarding “nullity” due to noncompliance with the regulation of works of art, which innovates a completely consolidated jurisprudential position, initially built on a specific case, then generalized and maintained over time despite the expansion of the hypotheses of alienation provided for by the regulations. The paper illustrates the evolution of the legislation regarding the alienation of works of art, the position of traditional jurisprudence and then focuses on the motivation of the sentence and the possible applications of the new principle of law formulated therein.