Doctoral thesis defense explores contractual freedom in OHADA cooperative law in Lomé

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 relating to cooperative company law ». The defense took place in Room N°1 of the LTAG at the University of Lomé, Togo.

Jury composition

• Mr. Koffi Mawunyo AGBENOTO, Full Professor, University of Lomé (Togo), served as President of the jury;
• Mr. Ampah JOHNSON-ANSAH, Senior Lecturer, University of Lomé (Togo), acted as Internal Rapporteur;
• Mr. Gnidouba Roger LANOU, Associate Professor, Université Thomas Sankara (Burkina Faso), fulfilled the role of External Rapporteur;
• Mr. Koffi Edem AVEGNON, Associate Professor, University of Lomé (Togo), participated as an Examiner;
• Mr. Akrawati Shamsidine ADJITA, Senior Lecturer and Dean of the Faculty of Law, University of Lomé (Togo), was the Thesis Director.

Thesis abstract

The manifestations of contractual freedom are increasingly evident and play a crucial role in contemporary societies, particularly within cooperative companies operating under the OHADA framework. This holds true despite potential skepticism arising from the binding nature of imperative rules governing these legal entities.

Indeed, significant areas of freedom persist and can be leveraged through carefully drafted social acts, such as statutes and internal regulations. These instruments allow for strategic choices and complement the existing legal regime.

However, the continued presence of numerous mandatory rules, designed to limit the scope of contractual freedom, prompts a critical examination of its actual position within the OHADA Uniform Act concerning cooperative company law.

This study embarks on an exploration to define the boundaries within which the will of cooperator associates can be expressed. It also seeks to identify the limitations imposed by the institutional framework of corporate public order, the precise scope of which is often challenging to ascertain. This research not only re-ignites the debate surrounding the interplay between the contractual and institutional theories of legal personality, a topic of enduring interest to legal theorists, but also uncovers previously unsuspected areas of freedom for practitioners. Furthermore, the study highlights several observed legal shortcomings, offering recommendations for the enhancement of the OHADA Uniform Act on Cooperative Companies (AUSCOOP). The analysis ultimately reveals that statutory freedom is largely afforded to cooperator associates, both during the formation of the cooperative society and throughout its ongoing operational life.

Nonetheless, this freedom is not absolute; it remains circumscribed by the mandatory provisions of cooperative company law, particularly through the corporate public order designed to safeguard the fundamental principles governing cooperative societies.

Keywords : Contractual freedom – Cooperator associates – Public order – AUSCOOP – OHADA.

For further details, please contact :

Mr. Sahalim AKAN
Email : [email protected]