The pattern of due diligence of the entrepreneur providing the property protection service which is the subject of compulsory protection
The pattern of due diligence of the entrepreneur providing the property protection service which is the subject of compulsory protection

Summary/Abstract: Economic activity consisting in the provision of services in the field of protection of persons and property is an important branch of the economy due to the protection of public safety. It is subject to licensing, but the legislator goes even further, because the Act on the Protection of Persons and Property not only defines the principles of conducting this activity, but also indicates categories of areas, facilities and equipment, which ought to be subject to mandatory protection (Article 5 of Act of the Protection of Persons and Property, called later: APPP). The subject of this article the due diligence standard applicable to entrepreneurs performing protection services for facilities which are subjects to mandatory protection. The main goal is pointing out how it differs from the due diligence standard of entrepreneurs protecting other objects (not subject to mandatory protection). This issue will affect the scope of the entrepreneur’s liability for improper performance of the contract for the protection service. Interpretation of existing legal regulations indicates that in the case of objects which are subjects to compulsory protection the entrepreneur’s liability due to improper performance of the contract is more strict. There is an high level of the pattern of due diligence in relation to the general standard of due diligence to perform the protection service in relation to other facilities that are not subject to compulsory protection and they have no protection plans (art. 355 § 2 of the Civil Code called later: CC).

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