This thesis is a comparative legal study of preliminary agreements in French and American law. / At the negotiation process, a preliminary agreement has numerous purposes. Those purposes vary with the parties' will. The contrasted concept of preliminary agreement and its hybrid legal nature give rise to legal issues, such as interpretation, enforceability and liability. Those issues are differently tackled in French and American law. / The ambiguity of pre-agreements allows the French and American judges to play a decisive role in the interpretation of such agreements. In accordance with its definiteness and completeness, the pre-agreement may be considered as the final contract and binds the parties. Then, in case of non respect, the blameworthy party may be held liable, and courts may grant damages to the party who has suffered prejudice.

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