The man as a guarantor of the indemnity of his environment: perspectives from the new paradigm of private law

Abstract

We intend to address an edge of the protection of cultural environmental goods. It is a matter for the State but also for the community, because it associates the "Right to environmental-cultural heritage" positivized in our normative order although it responds to two different sources (environmentalism and cultural constitutionalism). Our reality consists of environmental elements broadly as including natural and cultural resources, constantly changing and interaction (heritage is dynamic), and by earlier publication which is a first approximation to the results achieved in the J 158 project / 17-18, there was talk of protection tools that may be applicable to both subtypes. Research called “New ius privatist rules: symmetries or asymmetries with the regime of environmental-cultural heritage, its impact on development and governance” provides a framework for us to observe the specific relationship of the goods to be protected because that guardianship associates to protect the identity (national, provincial, local) in which a pillar of development underlies and in the collision of rights the rules of private law throw principles to be applied.