The relative discretion surrounding the common intention in french public law is undoubtedly due to the fact that it is usually reduced to a mere instrument of interpretation of private contracts, even though it is omnipresent in the administrative jurisprudence related to contracts. In relation with the contractual autonomy, it shows that the administrative judge is concerned with the protection of the parties’ mutual willingness and with a conception of the contract that can be found in both public and private law. In doing so, it maintains the parties’ compliance to the public contract and within their own obligations, and in line with the jurisprudence Commune de Béziers. However, the role of the common intention in public law could not...