On Wednesday, July 29, 2026, a significant academic event unfolded at the University of Lomé, Togo, as Mr. Sahalim AKAN successfully defended his doctoral thesis in private law. The central theme of his rigorous research was “Contractual Freedom in the OHADA Uniform Act on Cooperative Societies Law”, presented in Room N°1 of the LTAG.

The esteemed jury panel

• Professor Koffi Mawunyo AGBENOTO from the University of Lomé, Togo, presided over the jury with distinction.
• Associate Professor Ampah JOHNSON-ANSAH, also from the University of Lomé, Togo, served as the internal rapporteur.
• Associate Professor Gnidouba Roger LANOU of Université Thomas Sankara, Burkina Faso, contributed as the external rapporteur.
• Associate Professor Koffi Edem AVEGNON from the University of Lomé, Togo, acted as an examiner.
• Associate Professor Akrawati Shamsidine ADJITA, Dean of the Faculty of Law at the University of Lomé, Togo, expertly guided the research as the thesis director.

Thesis summary: navigating contractual freedom in cooperative structures

The contemporary relevance of contractual freedom is undeniable, playing a pivotal role across various societal structures, particularly within cooperative societies governed by the OHADA framework. This holds true despite the often-perceived rigidity imposed by the mandatory rules that regulate these legal entities.

Mr. AKAN’s research meticulously demonstrates that substantial areas of freedom persist. These can be strategically leveraged through the careful drafting of social instruments, such as statutes and internal regulations, allowing for the exercise of choice and the supplementation of existing legal provisions.

However, the continued presence of numerous imperative rules designed to circumscribe this freedom prompts a critical inquiry into the true scope of contractual liberty within the OHADA Uniform Act on Cooperative Societies. The study endeavors to delineate the precise boundaries within which the will of cooperative members can be expressed, while also identifying the constraints imposed by the institutional framework of corporate public policy – an area whose actual reach often remains elusive.

This comprehensive study is poised to reignite the long-standing debate concerning the interplay between the contractual and institutional theories of legal personality, offering valuable insights for legal theorists. Furthermore, it promises to unveil previously unacknowledged spheres of freedom for practitioners operating within the OHADA region. The thesis also highlights several observed legal shortcomings, proposing avenues for the improvement of the Uniform Act on Cooperative Societies (AUSCOOP). Ultimately, the analysis reveals that statutory freedom is substantially afforded to cooperative members, both during the initial formation phase of a cooperative society and throughout its ongoing operational life.

Nevertheless, this freedom is not boundless; it remains carefully circumscribed by the mandatory regulations governing cooperative societies law, notably through the overarching corporate public policy designed to safeguard the fundamental principles inherent to the legal framework of cooperative entities.

Key concepts explored include: Contractual Freedom – Cooperating Members – Public Policy – AUSCOOP – OHADA.

For further details, Mr. Sahalim AKAN can be reached via email at: [email protected]