Sahahim akan successfully defends doctoral thesis on contractual freedom in ohada cooperative law in Lomé

We are pleased to announce the successful defense of a doctoral thesis in private law by Mr. Sahalim AKAN. This significant academic event took place on Wednesday, July 29, 2026, in Room N°1 of LTAG at the University of Lomé, Togo. Mr. AKAN’s research focused on the intricate topic of « La liberté contractuelle dans l’acte uniforme OHADA relatif au droit des sociétés coopératives » (Contractual freedom in the OHADA Uniform Act relating to the law of cooperative societies).

The esteemed jury

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

Summary of the thesis

The manifestations of contractual freedom are increasingly evident today, playing a crucial role within societies generally, and specifically concerning cooperative societies operating within the OHADA zone. This is true despite potential skepticism arising from the binding nature of mandatory rules governing these legal entities.

Indeed, significant areas of freedom persist. These can be effectively leveraged through carefully drafted social instruments, such as statutes and internal regulations, allowing for choices and supplementing the existing legal framework.

However, given the continued presence of numerous imperative rules designed to limit its scope, it becomes essential to examine the precise position of contractual freedom within the OHADA Uniform Act concerning the law of cooperative societies.

This comprehensive study therefore seeks to delineate the boundaries within which the will of cooperative members can be expressed, while simultaneously identifying the limitations imposed by the institutional framework of corporate public policy. The actual scope of this public policy, in particular, remains challenging to fully comprehend. This research not only reignites the ongoing debate surrounding the interplay between the contractual and institutional theories of legal personality, a topic of considerable interest to legal theorists, but also illuminates previously unsuspected areas of freedom for legal practitioners. Furthermore, the study identifies several legal shortcomings observed, proposing improvements for the OHADA Uniform Act on Cooperative Societies (AUSCOOP). Ultimately, the analysis reveals that statutory freedom is largely granted to cooperative members, both during the initial formation phase and throughout the ongoing operational life of the cooperative society.

Nevertheless, this freedom is far from absolute. It remains strictly confined within the parameters established by mandatory rules of cooperative society law, primarily through corporate public policy designed to safeguard the fundamental principles governing cooperative entities.

Keywords : Liberté contractuelle – Associés coopérateurs – Ordre public – AUSCOOP – OHADA.

For further information, you may contact :

Monsieur Sahalim AKAN
Email : [email protected]