التنظيم القانوني لعقد تَقديم الخدمة الأمنية للأشخاص المعنوية (دِراسة مُقارنة)

Rp-Legal regulation of the security service contract for legal persons A comparative study).pdf

Extraction
The contract for the provision of private security service for the benefit of legal persons is one of the newly emerging contracts on the legal scene in legislation and jurisprudence, and the reason is due to the fact that the state was and still is to a certain extent the one who is concerned with managing its security file within the limits of its authority, and did not allow other people to provide security services other based on the principle of the right of sovereignty over its territory, but due to the political, economic and social conditions, some countries were forced to cede part of this file in favor of the private sector represented by companies. Private security, so these companies took it upon themselves to provide security protection for the benefit of public legal persons represented by the state and its various bodies, and private legal persons stipulated by law.
The legislation governing private security services obliges companies providing these services to conclude contracts with the recipients of this service before starting to provide this service to them, but the problem lies in the fact that these legislations did not intend to organize these contracts in detail consistent with the importance and specificity of their subject, which makes them different from other contracts in terms of their parties and their effects, although they are similar to them in topics governed by general rules, but they remain legislatively deficient in regulating Some issues and provisions, and this legislative deficiency in turn violated the statement of the concept of this contract, its pillars and its legal nature, whether this nature is administrative, private, commercial or civil, in addition to the difficulty of drawing the scope of practical applications that fall under the scope of this contract, with no indication of the impact that results from it after its conclusion by its parties.
Therefore, this thesis is divided into two chapters, in the first chapter we deal with the concept of the private security contract, then highlight its general and special characteristics, and address its pillars based on general rules, while seeking to determine the administrative nature of the contract or not and determine its commercial or civil character.
The second chapter dealt with the legal provisions of the contract in terms of highlighting the obligations that fall on the service provider, whether a natural or legal person, in addition to the main and common obligations that the contract entails with the recipient of the service (the legal person), as well as this chapter deliberately to indicate the responsibility produced by the contract on the occasion of the breach of one or both contracting parties to the terms of the contract with highlighting the civil penalty that results from the realization of this responsibility, and finally the researcher intends to indicate the general reasons These reasons are as usual, such as the expiry of the contract or its final implementation, and sometimes they are unusual due to the failure of one of the parties to perform its contractual obligations.