Requirements of person seeking enforcement of covenants

O.C.G.A. § 13-8-55, under RESTRICTIVE COVENANTS IN CONTRACTS.

O.C.G.A. § 13-8-55

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. 2009, p. 231, § 3/HB 173.)