Doctoral thesis explores contractual freedom in ohada cooperative law in Lomé

On Wednesday, July 29, 2026, Sahalim AKAN successfully defended his doctoral thesis in private law at the University of Lomé, Togo. The presentation took place in Room N°1 of the LTAG, focusing on “Contractual freedom within the OHADA Uniform Act concerning the Law of Cooperative Societies.”

Composition of the jury

• Professor Koffi Mawunyo AGBENOTO, a Full Professor at the University of Lomé, Togo, who served as the jury’s President.
• Ampah JOHNSON-ANSAH, a Senior Lecturer at the University of Lomé, Togo, acting as the internal rapporteur.
• Gnidouba Roger LANOU, an Associate Professor from Université Thomas Sankara in Burkina Faso, fulfilling the role of external rapporteur.
• Koffi Edem AVEGNON, an Associate Professor at the University of Lomé, Togo, participating as an examiner.
• Akrawati Shamsidine ADJITA, a Senior Lecturer and Dean of the Faculty of Law at the University of Lomé, Togo, who was the thesis director.

Thesis abstract

Contractual freedom plays a pivotal role in contemporary societies, particularly within cooperative entities operating under the OHADA framework. While some might question its extent due to the stringent mandatory regulations governing these legal structures, Mr. AKAN’s research highlights its undeniable presence and significance.

The study reveals that considerable scope for autonomy persists, which can be leveraged through carefully drafted social instruments, such as statutes and internal regulations. These documents allow for strategic choices and complement the existing legal provisions, offering a degree of flexibility.

However, the enduring presence of numerous imperative rules designed to restrict this freedom raises a crucial question regarding the true position of contractual liberty within the OHADA Uniform Act on the Law of Cooperative Societies (AUSCOOP).

This comprehensive investigation aims to delineate the boundaries within which cooperator associates can express their will, simultaneously identifying the constraints imposed by the institutional public order. Understanding the precise scope of this public order, which can be elusive, is central to the analysis. The research not only revitalizes discussions between contractual and institutional theories of legal personality, a topic of great interest to legal theorists, but also uncovers previously unrecognized areas of freedom for legal practitioners. Furthermore, it identifies specific legal deficiencies, proposing pathways for enhancing the AUSCOOP. The analysis ultimately concludes that statutory freedom is substantially acknowledged for cooperator associates, both during the formation of a cooperative society and throughout its operational lifespan.

Nevertheless, this freedom is not absolute. It remains circumscribed by the mandatory rules of cooperative society law, primarily through the overarching framework of institutional public order, which serves to safeguard the fundamental principles governing cooperative societies.

Key terms explored in this thesis include: Contractual freedom, cooperator associates, public order, AUSCOOP, and OHADA.