Doctoral thesis on contractual freedom in OHADA cooperative law defended in Lomé
Doctoral thesis defense on contractual freedom in OHADA cooperative law
We are pleased to announce that on Wednesday, July 29, 2026, Mr. Sahalim AKAN successfully defended his doctoral thesis in private law, focusing on “Contractual Freedom in the OHADA Uniform Act on Cooperative Company Law”. The defense took place in Room N°1 of the LTAG at the University of Lomé in Togo.
Jury composition
- M. Koffi Mawunyo AGBENOTO, Full Professor, University of Lomé (Togo), President of the jury;
- M. Ampah JOHNSON-ANSAH, Senior Lecturer, University of Lomé (Togo), Internal Rapporteur;
- M. Gnidouba Roger LANOU, Associate Professor, Université Thomas Sankara (Burkina Faso), External Rapporteur;
- M. Koffi Edem AVEGNON, Associate Professor, University of Lomé (Togo), Examiner;
- M. Akrawati Shamsidine ADJITA, Senior Lecturer, Dean of the Faculty of Law, University of Lomé (Togo), Thesis Director.
Thesis abstract
The manifestations of contractual freedom are increasingly evident today, playing a significant role in societies at large, and particularly within cooperative societies operating under the OHADA framework. This holds true despite potential skepticism arising from the binding nature of the imperative rules governing these legal entities.
Indeed, substantial areas of flexibility persist. These can be strategically utilized through the careful drafting of social instruments, such as statutes and internal regulations, by exercising choices and complementing existing legal frameworks.
However, given the continued presence of numerous mandatory regulations designed to circumscribe its scope, it becomes crucial to examine the precise position of contractual freedom within the OHADA Uniform Act concerning cooperative company law.
This comprehensive study thus embarks on an exploration to define the boundaries within which cooperator associates can express their will. It also seeks to identify the limitations imposed by the institutional structure of corporate public policy, whose actual scope of application is often challenging to delineate. Beyond rekindling scholarly debate on the interplay between the contractual and institutional theories of legal personality—a topic of enduring interest for legal theorists—this research will also unveil previously unrecognized areas of freedom for practitioners. Furthermore, it will highlight several identified legal shortcomings, offering pathways for the enhancement of the AUSCOOP. Ultimately, the analysis reveals that statutory freedom is largely afforded to cooperator associates, both during the initial formation of the cooperative society and throughout its ongoing operational life.
Nevertheless, far from being absolute, this freedom remains constrained by the mandatory provisions of cooperative company law, particularly through the lens of corporate public policy, which aims to safeguard the fundamental principles governing cooperative societies.
Keywords: Contractual freedom – Cooperator associates – Public policy – AUSCOOP – OHADA.
