Tourism Enterprise and Cultural Heritage protection, as a legal for valorization of the Territory and of the Person by Francesco Torchia

15 regardless of the title of ownership, instrumentally linked to the realization of the interests of all citizens"32. 3. Function of recovery, protection and safeguarding of the historical, artistic and cultural heritage, according to an economic analysis of current law If we accept, therefore, that cultural heritage can create a solid basis for the growth of tourism and that tourism is able to guarantee the necessary gain to allow its preservation, it is clear that there can be a strong correlation between tourism and cultural heritage. And this, especially in those places with low capacity, in which the "environmental context", represents a unique irreproducible. In doing so, the environmental, cultural, historical and artistic heritage is able to represent the "best" vector for the transmission of values, of which it is the bearer, in a dimension no longer merely "local" and in full respect of the concept of sustainable tourism33. A tourism, that is, which must be able to offer a service that integrates perfectly with the territory, with the consequence that even areas affected by social, structural and economic problems, thanks to this way of doing sustainable business, can return to being alive. In addition, the tourist becomes the essential part 32 Cf. Court of Cassation, Sec. a. 14 February 2011, No.3665, in Rass. Dir. Civ., 2/2012, p. 524, with comment by G. CARAPEZZA FIGLIA, Property and social function. The problem of common goods in the jurisprudence of the United Sections. In particular, according to the decidedly shared, and shareable, thesis of the author of the comment: "This perspective - ultimately shared by the Sections united in identifying the discipline to be applied to the concrete case - fully responds to the need to enhance the attitude of public property to promote the realization of interests constitutionally relevant. Nevertheless, the need to always anchor the property of the good to the teleological-functional correspondence to the categories of goods positively identified, avoids foreshadowing an uncontrolled enlargement, by way of interpretation, of the goods belonging to the State property, which would ultimately take away from the legislative power, ascribing it to the judicial order, the intensification of forms of state intervention in the economy". 33 According to the "Charter for sustainable travel of the Italian Association of Responsible Tourism - AITR", responsible tourism: "It is a way of travelling that is characterized by the awareness of oneself and of one’s own actions, of the realities of the destination countries, of the possibility of a meditated choice, therefore different. It’s an ethical and conscious journey that meets people, nature with respect and availability. A journey that chooses not to endorse destruction and exploitation, but that is the bearer of universal principles: fairness, sustainability, tolerance."

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