Doctoral thesis defense on contractual freedom within OHADA cooperative societies uniform act
On Wednesday, July 29, 2026, an important academic event took place at the University of Lomé, Togo. Mr. Sahalim AKAN successfully defended his doctoral thesis in private law, focusing on “Contractual Freedom in the OHADA Uniform Act on Cooperative Societies Law”. The defense was held in Room N°1 of the LTAG, drawing attention to a crucial aspect of corporate governance within the OHADA zone.
Jury composition
- Professor Koffi Mawunyo AGBENOTO from the University of Lomé (Togo) presided over the jury.
- Mr. Ampah JOHNSON-ANSAH, Senior Lecturer at the University of Lomé (Togo), served as the internal rapporteur.
- Mr. Gnidouba Roger LANOU, Associate Professor from Université Thomas Sankara (Burkina Faso), acted as the external rapporteur.
- Mr. Koffi Edem AVEGNON, Associate Professor at the University of Lomé (Togo), participated as an examiner.
- Mr. Akrawati Shamsidine ADJITA, Senior Lecturer and Dean of the Faculty of Law at the University of Lomé (Togo), guided the research as the thesis director.
Thesis summary
The manifestations of contractual freedom are increasingly evident in contemporary societies, playing a pivotal role, particularly within cooperative societies across the OHADA region. This holds true despite potential skepticism arising from the binding nature of imperative rules governing these legal entities.
Indeed, significant areas of autonomy persist, offering opportunities for strategic exploitation. Through carefully drafted social instruments, such as statutes and internal regulations, these freedoms allow for choices and complement the existing legal framework.
However, the continued presence of numerous mandatory regulations, designed to limit the scope of this freedom, prompts a critical examination of the actual position of contractual freedom within the OHADA Uniform Act on Cooperative Societies Law.
This comprehensive study endeavors to delineate the precise 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 policy, whose actual scope often remains ambiguous. The research not only revitalizes the ongoing debate between the contractual and institutional theories of legal personality, a topic of considerable interest to legal theorists, but also uncovers previously unsuspected areas of freedom for practitioners. Furthermore, it highlights several identified legal shortcomings, offering pathways for enhancing the OHADA Uniform Act on Cooperative Societies (AUSCOOP). The analysis ultimately reveals that statutory freedom is largely afforded to cooperator associates, both during the formation phase of a cooperative society and throughout its operational lifespan.
Nevertheless, this freedom is not absolute; it remains circumscribed by the mandatory provisions of cooperative societies law, particularly through corporate public policy designed to safeguard the fundamental principles inherent to cooperative legal structures.
Key concepts explored : Contractual freedom – Cooperator associates – Public policy – AUSCOOP – OHADA.
