Doctoral thesis defense on contractual freedom in OHADA cooperative societies law in Lomé, Togo
- 🇹🇬 Togo
- DoctorateLoméDefenseThesis
We are pleased to report on the successful doctoral thesis defense by Mr. Sahalim AKAN, which took place on Wednesday, July 29, 2026. His research focused on “Contractual Freedom in the OHADA Uniform Act Relating to Cooperative Societies Law”. The defense was held in Room N°1 of the LTAG at the University of Lomé, located in Togo, marking a significant academic event in the region’s legal scholarship.
Composition of the esteemed jury
- Professor Koffi Mawunyo AGBENOTO, Full Professor at the University of Lomé (Togo), presided over the jury as its President;
- Mr. Ampah JOHNSON-ANSAH, Senior Lecturer at the University of Lomé (Togo), served as the internal rapporteur;
- Mr. Gnidouba Roger LANOU, Associate Professor at Université Thomas Sankara (Burkina Faso), contributed 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 overview
The contemporary legal landscape clearly demonstrates the pervasive influence of contractual freedom, playing a crucial role in various societal structures, particularly within cooperative societies operating under the OHADA framework. While some might question its extent given the mandatory nature of rules governing these legal entities, Mr. AKAN’s thesis asserts that significant scope for autonomy persists. This freedom can be effectively utilized through meticulous drafting of corporate documents, such as statutes and internal regulations, allowing for strategic choices and supplementing the established legal regime.
However, the existence of numerous imperative regulations designed to circumscribe its reach prompts a critical inquiry into the precise position of contractual freedom within the OHADA Uniform Act concerning cooperative societies law. This comprehensive study endeavors to delineate the boundaries within which the will of cooperating members can be expressed, simultaneously identifying the constraints imposed by the institutional framework of corporate public policy, whose true scope often proves challenging to ascertain.
Beyond engaging legal theorists in the ongoing debate between contractual and institutional perspectives on legal personality, this research offers invaluable insights for practitioners, unveiling previously unrecognized areas of flexibility. Furthermore, the study meticulously highlights specific legal shortcomings observed, proposing avenues for enhancing the AUSCOOP. Ultimately, the analysis reveals a substantial recognition of statutory freedom for cooperating members, both during the initial formation of the cooperative society and throughout its operational lifespan.
Nonetheless, this freedom is not unfettered. It remains judiciously bounded by the mandatory provisions of cooperative societies law, particularly through the overarching corporate public policy designed to safeguard the fundamental principles underpinning cooperative entities.
Keywords : Contractual Freedom – Cooperating Members – Public Order – AUSCOOP – OHADA.
For additional details, Mr. Sahalim AKAN can be reached at :
Email : [email protected]