International Journal of Tourism, Travel and Hospitality Law 2023

TOURISM ENTERPRISE AND CULTURAL HERITAGE PROTECTION also to increase, at the same time, the savings used in production66 to feed processes of social development and general economic progress. There is no doubt, in fact, that all subjective attitudes, which concern the implementation of the person, are relevant and worthy of the widest protection, because the person is the autonomous and founding Value of our order67. 4. CONCLUSION: THE ROLE OF THE TOURIST COMPANY IN DETERMINING THE EFFICIENCY OF THE ECONOMIC SYSTEM, IN CONNECTION WITH THE ENHANCEMENT OF THE CULTURAL HERITAGE. In this context, therefore, the tourist enterprise lends itself easily to a combination with modern and alternative forms of social enterprise. Such a conclusion is supported by constitutional principles, whose ethical values of reference militate for the exercise of fair and predatory enterprise. To this end, however, it is necessary to promote a careful teleological reading of the Constitutional Charter (as proper programming must take into account the socio-economic objectives of the State)which makes it possible to identify in the social character the founding character of the constitutional importance, without ignoring the private content of the undertaking and, therefore, the economic activity that accompanies it. Hence the further corollary according to which, although it is true that the interests of production meet social objectives, there must not necessarily be a generalization of that principle68, as well as the combination of systems of freedom, based on the culture of efficiency, with guarantee systems, an expression of solidarity, where the subsidiary and voluntary intervention of the private, following the redistribution of risk, assumes solidarity as a special value with respect to public intervention69. 66 It is the thesis of G. DELL’AMORE, Savings and credit, edited by R. Moroni, Edibank, 1996, p. 84, who uses the argument to respond to the claims of F. FERRARA in Of the coin and its surrogates, Turin, 1890. 67 Cf. in support of P. PERLINGIERI The human personality in the legal order, Naples, 1972, p. 1 and ss. 68 It is, in fact, a piece of legislation that manifests its programmatic intent in overcoming a merely guarantor conception of savings in favor of the credit function. 69 It is necessary, however, to make solidarity a founding criterion also for the implementation of forms of risk distribution, so that it may be possible to consider the increase in prosperity a necessary consequence of the increase in productivity.

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