Official Code of Georgia Annotated

Title 13. CONTRACTS · Chapter 8. ILLEGAL AND VOID CONTRACTS GENERALLY · Article 4. RESTRICTIVE COVENANTS IN CONTRACTS

13-8-55. Requirements of person seeking enforcement of covenants.

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

The person seeking enforcement of a restrictive covenant shall plead and prove the existence of one or more legitimate business interests justifying the restrictive covenant. If a person seeking enforcement of the restrictive covenant establishes by prima-facie evidence that the restraint is in compliance with the provisions of Code Section 13-8-53, then any person opposing enforcement has the burden of establishing that the contractually specified restraint does not comply with such requirements or that such covenant is unreasonable.

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.

Code 1981, § 13-8-55, enacted by Ga. L. 2011, p. 399, § 4/HB 30.

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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 137; merge action: replaced; file SHA-256 6acfbda3d9fa.