I. Delimitation of the expropriation within a constitutional approach: In the field of the affectations of the economic rights of citizens, the institution of expropriation is positioned as the most incisive of the administrative privileges and in turn as one of the most sensitive to guarantee system which enshrines the rule of law. The rough shaping meaning that it has acquired the power to expropriate is in intimate connection with the current conception of property rights and the principles that inform the public regulation of economic order that are constitutional parameters that determine the scope of legitimacy of intervention by administrative jurisdiction over the assets of citizens. It is therefore that the expropriation is erected within the legal context as the most pervasive of these powers, to impose mandatory singular deprivation of private property or property rights or legitimate interests, which want them to be the entities to which they belong .

The radical claim ownership right Roman as a right formula tends absolute, sacred and inviolable that inspired the nineteenth-century exegesis civilian recognition and significantly reduced the scope of eminent domain, which explains the uniqueness of the wording contained in Article 925 of the Peruvian Civil Code. Within a historical context, the individualistic sense of ownership and its conception as the source of domination and wealth accounts for the search of safety and security of those rights that lit the first French law of expropriation, and promulgated on 08 March 1810. Since then, the Legislature of the expropriation assessment in Spain (as well as in other states) has been directly linked to the extent to which the constitutional texts of the nineteenth century affirmed the right of ownership and guarantees.