Sahalim akan defends phd on contractual freedom in ohada cooperative societies

On Wednesday, July 29, 2026, Mr. Sahalim AKAN successfully defended his doctoral thesis in private law. The defense took place in Room No. 1 of the LTAG at the University of Lomé in Togo. His research delved into « La liberté contractuelle dans l’acte uniforme OHADA relatif au droit des sociétés coopératives », exploring the intricacies of contractual freedom within the OHADA Uniform Act concerning cooperative society law.

Composition of the jury

• Professor Koffi Mawunyo AGBENOTO from the University of Lomé (Togo) presided over the jury.
• Mr. Ampah JOHNSON-ANSAH, Senior Lecturer at the University of Lomé (Togo), served as the internal rapporteur.
• Mr. Gnidouba Roger LANOU, Associate Professor from Université Thomas Sankara (Burkina Faso), acted 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), supervised the thesis as its director.

Thesis abstract

The contemporary landscape clearly demonstrates the pervasive influence of contractual freedom, playing a crucial role in societies generally, and particularly within cooperative societies operating under the OHADA framework. While some might question its extent due to the mandatory nature of rules governing these legal entities, significant areas of freedom persist.

These spheres of autonomy can be strategically leveraged through meticulously drafted social documents, such as statutes and internal regulations. By exercising choices and supplementing existing legal frameworks, cooperative members can optimize their operational structures.

However, given the continued presence of numerous imperative rules designed to limit its scope, it becomes essential to examine the precise position of contractual freedom within the OHADA Uniform Act on cooperative society law.

This study embarks on an exploration to define the boundaries within which cooperative members’ intentions can be expressed, simultaneously identifying the constraints imposed by the institutional edifice of corporate public policy. The true extent of this public policy’s influence is often challenging to ascertain. Beyond rekindling scholarly debate on the interplay between contractual and institutional theories of legal personality—a topic of considerable interest to legal theorists—this research also uncovers previously unrecognized areas of freedom for practitioners. Furthermore, it highlights several identified legal shortcomings with a view to proposing improvements for the AUSCOOP. The analysis ultimately reveals that statutory freedom is largely afforded to cooperative members, both during the initial formation of the cooperative society and throughout its ongoing operational life.

Nevertheless, this freedom, far from being absolute, remains circumscribed by the mandatory provisions of cooperative society law, particularly through the lens of corporate public policy designed to safeguard the fundamental principles governing cooperative entities.

Keywords : Contractual freedom – Cooperative members – Public policy – AUSCOOP – OHADA.