Title 13. CONTRACTS · Chapter 8. ILLEGAL AND VOID CONTRACTS GENERALLY · Article 4. RESTRICTIVE COVENANTS IN CONTRACTS
13-8-54. Judicial construction of covenants.
Current through: Including Acts of the 2025 Regular Session of the General Assembly.
- (a)
A court shall construe a restrictive covenant to comport with the reasonable intent and expectations of the parties to the covenant and in favor of providing reasonable protection to all legitimate business interests established by the person seeking enforcement.#
- (b)
In any action concerning enforcement of a restrictive covenant, a court shall not enforce a restrictive covenant unless it is in compliance with the provisions of Code Section 13-8-53; provided, however, that if a court finds that a contractually specified restraint does not comply with the provisions of Code Section 13-8-53, then the court may modify the restraint provision and grant only the relief reasonably necessary to protect such interest or interests and to achieve the original intent of the contracting parties to the extent possible.#
History
Code 1981, § 13-8-54, enacted by Ga. L. 2011, p. 399, § 4/HB 30.
Law reviews
For article, “Nearly a Decade Later: Surveying Georgia’s ‘New’ Noncompete Law,” see 26 Ga. St. B.J. 18 (Oct. 2020).
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, page 135; merge action: replaced; file SHA-256 6acfbda3d9fa.
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