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Official Code of Georgia Annotated

Title 23. EQUITY · Chapter 2. GROUNDS FOR EQUITABLE RELIEF · Article 3. FRAUD

23-2-59. Acquisition of antagonistic rights by one in confidential relationship.

Active

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

  1. Where, by the act or consent of parties or the act of a third person or of the law, one person is placed in such relation to another that he becomes interested for him or with him in any subject or property, he is prohibited from acquiring rights in that subject or property which are antagonistic to the person with whose interest he has become associated.

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

Civil Code 1895, § 4031; Civil Code 1910, § 4628; Code 1933, § 37-708.

Law reviews

For annual survey of law of wills, trusts, guardianships, and fiduciary administration, see 56 Mercer L. Rev. 457 (2004).

Other notes

History of Code section.
This Code section is derived from the decision in Larey v. Baker, 86 Ga. 468, 12 S.E. 684 (1890).

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 t22-t23-(v19)-2020-pdf.pdf, Volume V19, 2020 edition, page 389; merge action: carried; file SHA-256 b3cf4ff62f2f.