During 2008, within the context of the adoption in France and Italy of new legislation as Heritage Codes, the question of restructuring the heritage legislation in such a code arose also in Romania. The reasons were also related to the extensive bureaucracy, as well with the need for doctrinal clarifications and repositioning of the state in some aspects having an impact on public policies expected to be more modern and efficient. Thus, the legislative project was supposed to primarily: a) improve the ways of defining the cultural heritage in the legal text ; b) simplify and increase the effectiveness of the specific procedures for protecting cultural heritage; c) strengthen the administrative capacity and the legal instruments at the disposal of public authorities and institutions with duties to protect cultural heritage; d) introduce measures to support private owners of national cultural heritage and traditional craftsmen with activities associated with intangible cultural heritage; e) establish a set of principles laying the foundation of any public policies in this field. In those circumstances, one of the most delicate issues was to provide a proper legal definition of the doctrinal concept of authenticity and to determine its crucial role for the entire legal framework developed consequently. Why the process failed?