State Law

Georgia Code-Title 13-Contracts-Chapter 8-Article 4-Restrictive Covenants in Contracts

08/01/2023 Georgia Section 13-8-55

Requirements of person seeking enforcement of covenants

Restrictive Covenants

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.