Doctoral thesis defense explores contract freedom in OHADA cooperative law

Doctoral thesis defense examines contract freedom in OHADA cooperative law

On Wednesday, July 29, 2026, Sahalim Akan successfully defended his doctoral thesis in private law, titled « Contract Freedom in the OHADA Uniform Act on Cooperative Company Law », at the University of Lomé (Togo). The event took place in Lecture Hall No. 1 of the LTAG building.

Jury composition

• Koffi Mawunyo Agbenoto, Full Professor at the University of Lomé (Togo) and jury president;
• Ampah Johnson-Ansah, Senior Lecturer at the University of Lomé (Togo) and internal rapporteur;
• Gnidouba Roger Lanou, Senior Lecturer and Agrégé, Université Thomas Sankara (Burkina Faso) and external rapporteur;
• Koffi Edem Avegnon, Senior Lecturer and Agrégé, University of Lomé (Togo) and examiner;
• Akrawati Shamsidine Adjita, Senior Lecturer, Dean of the Faculty of Law at the University of Lomé (Togo) and thesis supervisor.

Key findings of the thesis

The study highlights the evolving role of contract freedom in the OHADA cooperative legal framework, despite the presence of mandatory rules that regulate these entities. While some may question its relevance due to these constraints, the research demonstrates that cooperative members retain significant leeway to shape their internal governance.

Through carefully drafted articles of association and internal regulations, cooperative members can exercise their choices and supplement the legal framework. However, the study emphasizes that contract freedom is not absolute—it operates within boundaries set by compulsory rules designed to protect the core principles of cooperative law.

The thesis explores the balance between cooperative members’ autonomy and the institutional constraints imposed by OHADA’s cooperative legal framework. It identifies the areas where contractual freedom thrives, particularly during the establishment and ongoing operations of cooperatives. Yet, it also uncovers legal gaps and calls for refinements to the AUSCOOP (Uniform Act on Cooperative Societies) to enhance clarity and practical application.

For legal theorists, this work revives the debate on the interplay between contractual and institutional theories of legal personality. For practitioners, it reveals previously overlooked opportunities to optimize cooperative governance within the OHADA framework.

Key terms: Contract freedom, Cooperative members, Public order, AUSCOOP, OHADA

For inquiries, contact Sahalim Akan via email at [email protected].