Doctoral thesis defense on « contractual freedom in the ohada uniform act on the law of cooperative societies », in Lomé (Togo)
- 🇹🇬 Togo
A significant academic event unfolded on Wednesday, July 29, 2026, as Mr. Sahalim AKAN successfully defended his doctoral thesis in private law. The defense, held in Room N°1 of LTAG at the University of Lomé, Togo, focused on the intricate subject of « Contractual freedom in the OHADA Uniform Act relating to the law of cooperative societies ».
Composition of the jury
- Mr. Koffi Mawunyo AGBENOTO, Full Professor, University of Lomé (Togo), President of the jury;
- Mr. Ampah JOHNSON-ANSAH, Associate Professor, University of Lomé (Togo), Internal Rapporteur;
- Mr. Gnidouba Roger LANOU, Accredited Associate Professor, Université Thomas Sankara (Burkina Faso), External Rapporteur;
- Mr. Koffi Edem AVEGNON, Accredited Associate Professor, University of Lomé (Togo), Examiner;
- Mr. Akrawati Shamsidine ADJITA, Associate Professor, Dean of the Faculty of Law, University of Lomé (Togo), Thesis Supervisor.
Thesis abstract
The contemporary relevance of contractual freedom is undeniable, playing a pivotal role across various societal structures, particularly within cooperative societies operating under the OHADA framework. While some may question its extent due to the binding nature of imperative rules governing these legal entities, its manifestations are profound.
Indeed, considerable scope for autonomy persists. This can be strategically leveraged through the meticulous drafting of social instruments, such as statutes and internal regulations. Such careful formulation allows for the exercise of choice and the judicious supplementation of the existing legal framework.
Nevertheless, the presence of numerous mandatory regulations designed to circumscribe its domain necessitates a critical inquiry into the precise position of contractual freedom within the OHADA Uniform Act concerning the law of cooperative societies.
This comprehensive study thus endeavors to delineate the boundaries within which the will of cooperative members can genuinely express itself. Furthermore, it seeks to identify the limitations imposed by the institutional edifice of corporate public policy, whose actual scope remains challenging to fully grasp. The research not only promises to reinvigorate discussions surrounding the interplay between contractual and institutional theories of legal personality—a topic of considerable interest to legal theorists—but also to unveil previously unrecognized spheres of freedom for practitioners. It also highlights several identified legal shortcomings, offering pathways for the enhancement of the AUSCOOP. Upon analysis, the study confirms that statutory freedom is substantially afforded to cooperative members, both during the initial formation phase of the cooperative society and throughout its ongoing operational life.
However, this freedom, far from being absolute, is carefully circumscribed by the mandatory provisions of cooperative societies law, primarily through corporate public policy designed to safeguard the fundamental principles inherent to the law of cooperative societies.
Keywords: Contractual freedom – Cooperative members – Public policy – AUSCOOP – OHADA.
For further details, please contact:
Mr. Sahalim AKAN
Email: [email protected]
