The liberal State emphasized that the right to property grants the attributes of using, enjoying, and disposing of an asset. However, beginning in 1911, Léon Duguit introduced the concept of the social function of property, asserting that the owner must not only seek personal satisfaction but also contribute to the well-being of the collective. Since its introduction, the social function of property has been incorporated into the constitutions of various states. However, the Peruvian constituent assembly of 1993 deliberately departed from this approach, and thus, Article 70 of our Constitution merely states that property shall be exercised in harmony with the common good—a provision that remains unchanged to this day. Consequently, the first objective of this research is to analyze the validity of the social function of property as a universal legal category within constitutional law....

The liberal State emphasized that the right to property grants the attributes of using, enjoying, and disposing of an asset. However, beginning in 1911, Léon Duguit introduced the concept of the social function of property, asserting that the owner must not only seek personal satisfaction but also contribute to the well-being of the collective. Since its introduction, the social function of property has been incorporated into the constitutions of various states. However, the Peruvian constituent assembly of 1993 deliberately departed from this approach, and thus, Article 70 of our Constitution merely states that property shall be exercised in harmony with the common good—a provision that remains unchanged to this day. Consequently, the first objective of this research is to analyze the validity of the social function of property as a universal legal category within constitutional law....