Research on the judicial character of legal mechanisms in the pre-contractual phase

合同的形成往往需要第三方的介入，第三方是法官，以便发现并声明是否有协议。本文的研究目的在于阐明合同法理论产生的司法品格。运用法日比较法的方法，进行了书目调查和学术交流。通过本研究所获得的知识，我们可以对日本法律中的契约解释和解释机制进行分析：它可以被认为是一种契约理论，它有助于在契约前阶段重建当事人之间的程序公平，这将通过法官的干预来实现。一些研究成果已经在法国和日本发表，主要部分将发表在我们的专著中。

The formation of the contract often requires the intervention of a third party, who is the judge, in order to find and declare if there is an agreement. The purpose of our research was to elucidate such judicial character that theories of contract law arise. Based on the approach of Franco-Japanese comparative law, we conducted the bibliographic survey and made some academic exchanges. The knowledge acquired from this research allows us to make an analysis on the mechanism of the interpretation and construction of contract in Japanese law: it could be considered as one of the contractual theories that serve to re-establish procedural fairness between partners in the pre-contractual phase, which would be realized by the intervention of judges. Some of the results of the research has already been published in France and Japan, and the main part will be published in our monograph.