Doctoral thesis defense on contractual freedom in OHADA cooperative law held in Lomé
We are pleased to announce the successful defense of a doctoral thesis in private law by Mr. Sahalim AKAN on Wednesday, July 29, 2026. The defense took place in Room N°1 of the LTAG at the University of Lomé, Togo, focusing on « Contractual freedom within the OHADA Uniform Act on the Law of Cooperative Societies ».
Jury composition
- Professor Koffi Mawunyo AGBENOTO, Full Professor, University of Lomé (Togo), presided over the jury.
- Associate Professor Ampah JOHNSON-ANSAH, University of Lomé (Togo), served as the internal rapporteur.
- Associate Professor Gnidouba Roger LANOU, Université Thomas Sankara (Burkina Faso), acted as the external rapporteur.
- Associate Professor Koffi Edem AVEGNON, University of Lomé (Togo), participated as an examiner.
- Associate Professor Akrawati Shamsidine ADJITA, Dean of the Faculty of Law, University of Lomé (Togo), served as the thesis supervisor.
Thesis summary
The manifestations of contractual freedom are increasingly evident and play a crucial role across various societal structures, particularly within cooperative societies operating under the OHADA framework. While some might question this due to the binding nature of imperative rules governing these legal entities, the research highlights significant areas of autonomy.
Indeed, considerable scope for freedom persists, which can be leveraged through carefully drafted social instruments such as statutes and internal regulations. These documents allow for strategic choices and complement the existing legal framework.
However, the continued presence of numerous imperative rules designed to limit its scope raises pertinent questions about the actual position of contractual freedom within the OHADA Uniform Act pertaining to cooperative societies.
This study embarks on an exploration to define the extent to which the will of cooperator associates can be expressed, while also identifying the boundaries established by the institutional edifice of corporate public policy. Precisely delineating the true scope of this public policy can be challenging. The research serves not only to reinvigorate scholarly debate on the interplay between contractual and institutional theories of legal personality, a topic of enduring interest for legal theorists, but also to reveal previously unrecognized spheres of freedom for legal practitioners. Furthermore, it points out several identified legal shortcomings, offering pathways for the improvement of the AUSCOOP (OHADA Uniform Act on Cooperative Societies). The analysis ultimately demonstrates that statutory freedom is largely afforded to cooperator associates, both during the initial formation of a cooperative society and throughout its ongoing operational life.
Nevertheless, this freedom is not absolute; it remains circumscribed by the mandatory rules of cooperative societies law, notably through corporate public policy designed to safeguard the fundamental principles governing these entities.
For more information, you may contact Mr. Sahalim AKAN via email: [email protected]
