13-5-30. Agreements required to be in writing.

Active

Current through: Including Acts of the 2025 Regular Session of the General Assembly.

(a)
To make the following obligations binding on the promisor, the promise must be in writing and signed by the party to be charged therewith or some person lawfully authorized by him or her:#
1. (1)
  A promise by a conservator, guardian, personal representative, or trustee to answer damages out of his or her own estate;#
2. (2)
  A promise to answer for the debt, default, or miscarriage of another;#
3. (3)
  Any agreement made upon consideration of marriage;#
4. (4)
  Any contract for sale of lands, or any interest in, or concerning lands;#
5. (5)
  Any agreement that is not to be performed within one year from the making thereof;#
6. (6)
  Any promise to revive a debt barred by a statute of limitation; and#
7. (7)
  Any commitment to lend money.#
(b)
Any agreement to modify, alter, cancel, repeal, revoke, release, or rescind a promise, agreement, contract, or commitment provided for in subsection (a) of this Code section must be in writing and signed by all parties to such agreement; provided, however, that if the party against whom enforcement of such agreement under this subsection is sought admits in a pleading, in testimony, or otherwise in court that the agreement was made, then such agreement is enforceable if valid in all other respects.#

The notes below are printed with the section but are not enacted law (O.C.G.A. § 1-1-1(c)). They are shown apart from the text.

History

29 Car. II, c. 3, Cobb’s 1851 Digest, p. 1127.; Ga. L. 1851-52, p. 243, § 1; Ga. L. 1855-56, p. 233, § 25; Ga. L. 1855-56, p. 238, § 1; Code 1863, § 1952; Code 1868, § 1940; Code 1873, § 1950; Ga. L. 1880-81, p. 62, § 1; Code 1882, § 1950; Civil Code 1895, § 2693; Civil Code 1910, § 3222; Code 1933, § 20-401; Ga. L. 1962, p. 156, § 1; Ga. L. 1988, p. 403, § 1; Ga. L. 2018, p. 155, § 2-2/HB 190; Ga. L. 2019, p. 782, § 1/SB 37; Ga. L. 2020, p. 377, § 2-13/HB 865.

Amendments

The 2018 amendment, effective July 1, 2018, inserted “or her” at the end of the introductory paragraph and near the end of paragraph (1) and deleted “, except marriage articles as provided in Article 3 of Chapter 3 of Title 19” following “marriage” at the end of paragraph (3). The 2019 amendment, effective July 1, 2019, designated the existing provisions of this Code section as subsection (a) and added subsection (b). The 2020 amendment, effective January 1, 2021, substituted “a conservator, guardian, personal representative,” for “an executor, administrator, guardian,” in paragraph (a)(1) and deleted a comma following “otherwise in court” in subsection (b).

Law reviews

For annual survey on business associations, see 70 Mercer L. Rev. 19 (2018).

Read the official page (the state's PDF, opened at the page this text was read from).

Current through: Including Acts of the 2025 Regular Session of the General Assembly.

Text read from t13-(v11)-pdf.pdf, Volume V11, 2010 edition, 2025 supplement, pages 72 to 73; merge action: replaced; file SHA-256 6acfbda3d9fa.

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