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photo of Stefan Vogenauer

Stefan Vogenauer

Professor of Comparative Law + 

Stefan Vogenauer took up the post of Professor of Comparative Law at the University of Oxford and Fellow of Brasenose College in 2003. He has been Director of the Oxford Institute of European and Comparative Law since October 2004.

Before coming to Oxford, Professor Vogenauer was based in Hamburg where he was a Senior Research Fellow at the Max Planck Institute for Comparative and International Private Law and a part-time lecturer at the Bucerius Law School. Previously he had been a Research Assistant at the Regensburg Law Faculty, having received his legal education in Kiel, Paris, Oxford (Trinity College, MJur 1995, Clifford Chance and Herbert Hart Prizes) and Regensburg where he qualified as a German barrister ('Rechtsanwalt').

Professor Vogenauer convenes the BCL/MJur course in 'European Private law: Contract'. Further courses and classes taught while in Oxford include 'Problems in Contract and Tort (German and English Law Compared)', 'Introduction to Comparative Law', 'The Common Law for Civil Lawyers', 'Transnational Commercial Law' and 'Roman Law of Contract'. Apart from comparative law his research interests lie mainly in the areas of private law, international uniform law, European legal history and legal method. For his comparative and historical analysis of the interpretation of statutes in English, French, German and EU law, 'Die Auslegung von Gesetzen in England und auf dem Kontinent' (Verlag Mohr Siebeck, Tübingen 2001, 2 vols), he was awarded the Max Weber Prize of the Bavarian Academy of Sciences and Humanities and the Otto Hahn Medal of the Max Planck Society in 2002, as well as the 2008 Prize of the German Legal History Conference.

News

bullet Professor Stefan Vogenauer awarded grants for studies on European and comparative contract law

bullet Legal History Prize for Professor Vogenauer



Subject groups : Comparative Private Law

All | Recent | Selected Publications    sorted by selection | sort by year

S Vogenauer and J Kleinheisterkamp (eds), Commentary on the UNIDROIT Principles of International Commercial Contracts (PICC) (Oxford University Press 2009)

Abstract: The Commentary on the UNIDROIT Principles of International Commercial Contracts (ccxxx + 1319 pp) is written by an international team of distinguished academics and practitioners. They offer an article by article commentary on the Principles to provide an accessible guide to the existing case law and legal literature, as well as a comparison with national and international legislation. The UNIDROIT Principles of International Commercial Contracts set forth rules of general contract law for the use by merchants and business people in cross border transactions. Since their first publication in 1994 the Principles have proved to be a serious alternative to national contract laws in international disputes decided by arbitral tribunals, such as those administered by the International Chamber of Commerce (ICC). At the same time, they have been accepted as a model for reforming the laws on international contracts by countries such as Russia, China, Estonia, and Lithuania. This book provides commentary on the substantive rules on contracts with a comprehensive analysis of each provision. As a result, this book aims to increase understanding of the rules governing international commercial contracts and aid the practical application of the Principles.


ISBN: 978-0-19-929175-5

S Vogenauer, John Cartwright and Simon Whittaker (eds), Reforming the French Law of Obligations: Comparative Observations on the Avant-projet de réforme du droit des obligations et de la prescription (the ‘Avant-projet Catala’) (Hart Publishing 2009)

Abstract: The 2005 Avant-projet de réforme du droit des obligations et de la prescription, also dubbed the Avant-projet Catala, suggests the most far-reaching reform of the French Civil code since it came into force in 1804. It reviews central aspects of contract law, the law of delict and the law of unjustified enrichment. There is currently a very lively debate in France as to the merits or the demerits of both the particular draft provisions and the general idea of recodification as such. This volume (xx + 930 pp) is the first publication to introduce the reform proposals to an English speaking audience. It contains the official English translation of the text, and distinguished private lawyers from both England and France analyse and assess particularly interesting aspects of the substantive draft provisions in a comparative perspective. Topics covered include negotiation and renegotiation of contracts, la cause, the enforcement of contractual obligations, termination of contract and its consequences, the effects of contracts on third parties, the definition of la faute, the quantification of damages, and the law of prescription. The volume also contains an overall assessment of the draft provisions by one of the most senior French judges who chaired the Working Party on the Avant-projet, established by the French Supreme Court, the Cour de cassation.


ISBN: 978-1-84-113805-3

S Vogenauer and Henk Snijders (eds), Content and Meaning of National Law in the Context of Transnational Law (Sellier European Publishers 2009)

S Vogenauer and S Weatherill (eds), The Harmonisation of European Contract Law: Implications for European Private Laws, Business and Legal Practice (Hart Publishing 2006)

Abstract: Conference Volume


ISBN: 13978-1-84113-391-4

S Vogenauer, Die Auslegung von Gesetzen in England und auf dem Kontinent: Eine vergleichende Untersuchung der Rechtsprechung und ihrer historischen Grundlagen (Verlag Mohr Siebeck, Tübingen 2001)

English Abstract: This is a comparative and historical study of judicial approaches to statutory interpretation in England, France, Germany and the Court of Justice of the European Communities. These approaches are identified for each legal system by way of a detailed analysis of the rules and principles of construction employed in characteristic interpretative situations across various areas of law. The findings are placed in the historical and institutional contexts of the respective legal cultures. The book aims to defy conventional wisdom on the subject by identifying a basic similarity in the interpretative practices of the major European jurisdictions. Although the timing has been slightly different in each legal system, each has gone through three phases: initially a relatively broad attitude relying on notions of equity with a willingness to go beyond the text to meet new problems, followed by an emphasis on the will of the legislator and the wording of the statute, and finally a much less literalist and more purposive approach.The book combines comparative, jurisprudential and historical methodologies. Its coverage ranges from criminal law to constitutional law, tax law and EU law.

ISBN: 3-16-147605-0


Correspondence address: Brasenose College, Oxford OX1 4AJ

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