Requirements of Person Seeking Enforcement of Covenants

Checkout our iOS App for a better way to browser and research.

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.

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


Download our app to see the most-to-date content.