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.
History. Code 1981, § 13-8-55 , enacted by Ga. L. 2011, p. 399, § 4/HB 30.
Structure Georgia Code
Chapter 8 - Illegal and Void Contracts Generally
Article 4 - Restrictive Covenants in Contracts
§ 13-8-50. Legislative Findings
§ 13-8-54. Judicial Construction of Covenants
§ 13-8-55. Requirements of Person Seeking Enforcement of Covenants
§ 13-8-56. Reasonableness Determinations Restricting Competition; Presumptions
§ 13-8-57. Reasonableness Determinations Restricting Time; Presumptions