FRANCESCO TORCHIA 10 of Articles. 2 and 3 cost. and in any case transcends the purely economic aspects of individual and collective well-being", they make sense, in fact, only if one keeps in mind the peculiar ownership function of cultural heritage. 2. Social function of Cultural Heritage According to the legal and jurisprudential framework, as outlined above, it is now necessary to question the content that the "social function" of the cultural heritage can assume, without any pretense (albeit minimal) of exhaustiveness, given the wide debate, which has recorded the intervention of authoritative and numerous doctrine on the general theme of the "social function of property". The social function of property, in fact, according to a first reconstruction, would consist in limiting the property of the individual to the benefit of the collective interest20. And this is the most widespread and commonly accepted21 notion of social function, since the functionalization of property does not concern the dominical powers, but their limitation22, with a clear weakening of the right of the owner, to the advantage of the possibility to limit the property in the presence of interventions conformative of the content of the right in function of the social interest. Moreover, finding its source directly in the Constitution, the social function would allow the correct interpretation of "norms or regulatory complexes otherwise considered exceptional"23. And this, even if Pugliatti, in partial integration of the notion of social function as a limit, believed that it consisted in the synthesis that "cemented" between them all the transformations suffered by property, as designed by nineteenth-century codifications, by special legislation over time24. Another doctrine, however, considers that the social function is a "mechanism activated by the game of personal interest", being aimed 20 Cf. S. RODOTÀ, Il terribile diritto, Bologna, 1990, p. 326. 21 Cf. R. SACCO, The Property, Turin, 1968, p. 78. 22 Cf. N. IRTI, Property and Business, Naples, 1965, p. 10. 23 Cf. P. PERLINGERI, Civil law in constitutional legality according to the Italian Community system of sources, Naples, 2006, p. 888. 24 Cf. S. PUGLIATTI, Property and Properties in Id. Property in the New Law, Milan, 1954, p. 278.
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