Territorial Scope of the Italian Law on the Protection of Cultural Heritage

Territorial Scope of the Italian Law on the Protection of Cultural Heritage

Journal article

1 electronic resource (page 680–683)

Extract Copyright Act, Secs. 97(1), 104; Jurisdiction Ordinance, Sec. 13 – Vitruvian Man Headnotes by the Editorial Office 1. The law of a state (in this case an Italian law, such as that on the protection of cultural heritage) is only valid within the territory of the respective state. 2. The state does not have the regulatory authority to apply it outside its territory. The contrary view violates the sovereignty of the individual states and must therefore be rejected. 3. The application of a law to a situation in the territory of another state is not to be assessed as a sovereign act, but as an act under civil law. 4. Accordingly, the party cannot rely on the law of the state outside its territory. Rather, the legal assessment depends on the legal situation applicable in the individual states. Stuttgart Regional Court (Landgericht Stuttgart), judgment of 14 March 2024 – 17 O 247/22

Crossref

GRUR International ; 74, 7, 2025, 2632-8550.

[Oxford, England] : Oxford University Press (OUP), 2025.

English

https://academic.oup.com/grurint/article/72/3/231/6998505

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