Doctoral thesis defense explores contractual freedom in OHADA cooperative law

On Wednesday, July 29, 2026, Sahalim Akan defended his doctoral thesis in private law titled “Contractual freedom within the OHADA Uniform Act on cooperative societies law” at room N°1 of the LTAG building at the University of Lomé (Togo).

Thesis committee members

• Koffi Mawunyo Agbenoto, Full Professor, University of Lomé (Togo), Jury President;
• Ampah Johnson-Ansah, Senior Lecturer, University of Lomé (Togo), Internal Reporter;
• Gnidouba Roger Lanou, Senior Aggregated Lecturer, Thomas Sankara University (Burkina Faso), External Reporter;
• Koffi Edem Avegnon, Senior Aggregated Lecturer, University of Lomé (Togo), Examiner;
• Akrawati Shamsidine Adjita, Senior Lecturer, Dean of the Faculty of Law, University of Lomé (Togo), Thesis Supervisor.

Thesis overview

Today’s legal landscape demonstrates how contractual freedom manifests and significantly influences societies, especially within cooperative entities operating under OHADA regulations. Despite perceptions that rigid mandatory rules restrict this freedom, space for strategic maneuvering remains intact.

Carefully drafted social documents—such as statutes and internal regulations—allow cooperative members to leverage contractual flexibility by making informed choices and supplementing the legal framework. However, the presence of numerous mandatory provisions that limit this freedom raises critical questions about its true scope within the OHADA Uniform Act on cooperative societies.

This research delves into the boundaries of contractual autonomy for cooperative members, examining how institutional constraints—particularly those tied to corporate public order—shape and sometimes restrict this freedom. The study not only re-energizes debates on the interplay between contractual and institutional theories of legal personality but also uncovers unexpected areas of flexibility for legal practitioners. Additionally, it identifies legal gaps within the current framework, offering recommendations for enhancing the AUSCOOP regulations.

Findings reveal that cooperative members enjoy substantial contractual freedom during both the formation and operational phases of their societies. However, this freedom is not absolute; it operates within the framework of mandatory cooperative law rules designed to uphold core principles of cooperative governance.

Key terms: contractual freedom – cooperative members – corporate public order – AUSCOOP – OHADA.

For inquiries, contact: Sahalim Akan
Email: [email protected]