Stefan Vogenauer | MPI for Legal History and Legal Theory (original) (raw)

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Papers by Stefan Vogenauer

Research paper thumbnail of The Costs and Funding of Civil Litigation : A Comparative Perspective

One of the threshold questions that this Comparative Project asks is whether the funding and cost... more One of the threshold questions that this Comparative Project asks is whether the funding and costs rules in the countries being studied fit within a broader national theory and practice of civil litigation and dispute resolution. Variations between the Australian Federal and State systems, and among States, make it difficult to identify any overall national theory. A frank and somewhat bleak assessment was offered in the recent Commonwealth Access to Justice Report 2009: 'Decisions about designing and funding the federal civil justice system are not currently based on any overarching conceptual framework. .. The design and funding of most aspects of the system may be better seen as an accident of history and prevailing politics rather than a deliberate system-wide approach to avoiding disputes and resolving disputes better.' 2

Research paper thumbnail of Introduction: Two Oxford Handbooks on the History of Law

Rechtsgeschichte - Legal History, 2019

Research paper thumbnail of Problemas de la Promulgación de una Constitución Británica

Research paper thumbnail of CFP Annual Conference: Law and Policy in European Integration (1960s-1990s)

Max Planck Institute for European Legal History, Frankfurt, 2019

Deadline 1 December 2019 • Start: Jun 9, 2020 09:30 • End: Jun 10, 2020 16:00 • Organisation: ... more Deadline 1 December 2019
• Start: Jun 9, 2020 09:30
• End: Jun 10, 2020 16:00
• Organisation: Stefan Vogenauer, Jan-Henrik Meyer
• Location: MPIeR
• Room: Z01

From its beginnings, European integration involved legal solutions to very concrete policy issues, and led to the build-up of a large body of policy-relevant law – ranging from agriculture and competition to the environment and social policy.
The fourth annual conference of the Research Field ‘Legal History of the European Union’ to be held at the Frankfurt Max Planck Institute on 9 and 10 June 2020, will thus focus on the relationship between law and policy in European integration from the 1960s to the 1990s.
The relationship between law and policy goes both ways. One the one hand, we may ask, how did European law shape European policy making? How did legal actors – lawyers within the institutions and courts – and legal norms and ideas, treaty bases or doctrines enable or limit the development of various policies and the legal instruments chosen? On the other hand, we may inquire, how European policy shaped European law – through legislation and court cases?
The objective of the conference is to enhance our understanding what integration through law means with a view to European policies that have increasingly come to shape the lives and livelihoods of European citizens.
We invite contributions (please consult the detailed call for papers ) of not more than 150 words by 1st December 2019. Please email your proposal and a short CV (100 words) to jmeyer@rg.mpg.de.

Research paper thumbnail of The Principles of Latin American Contract Law: text, translation, and introduction

This article provides an introduction to the most recent soft law instrument in the field of cont... more This article provides an introduction to the most recent soft law instrument in the field of contract law, the Principles of Latin American Contract Law (PLACL). The article briefly analyses the nature, drafting history, purposes, and structure of the PLACL. More importantly, in order to promote the study of the PLACL beyond Latin America an English translation of their final text is provided.

Research paper thumbnail of The European Community's competence for a comprehensive harmonisation of contract law -- An empirical analysis

European Law Review, 2005

Books by Stefan Vogenauer

Research paper thumbnail of Formation III: Arts 2.1.15-2.1.16 Negotiations

Commentary on the UNIDROIT Principles of International Commercial Contracts (PICC), Stefan Vogenauer (editor), Oxford University Press, 2015

Research paper thumbnail of The Future of Contract Law in Latin America

This book presents, analyses and evaluates the Principles of Latin American Contract Law (PLACL),... more This book presents, analyses and evaluates the Principles of Latin American Contract Law (PLACL), a recent set of provisions aiming at the harmonisation of contract law at a regional level. As such, the PLACL are the most recent exponent of the many proposals for transnational sets of 'principles of contract law' that were drafted or published over the past 20 years, either at the global or the regional level. These include the UNIDROIT Principles of International Commercial Contracts, the Principles of European Contract Law, the (European) Draft Common Frame of Reference and the Principles of Asian Contract Law.

The PLACL are the product of a working group comprising legal academics from Argentina, Brazil, Colombia, Chile, Paraguay, Uruguay and Venezuela. The 111 articles of the instrument deal with problems of general contract law, such as formation, interpretation and performance of contracts, as well as remedies for breach.

The book aims to introduce the PLACL to an international audience by putting them in their historical and comparative context, including other transnational harmonisation measures and initiatives. The contributions are authored by drafters of the PLACL and contract law experts from Europe and Latin America.

Events by Stefan Vogenauer

Research paper thumbnail of Medienwandel und Publikationskultur in der Rechtsgeschichte

Medienwandel und Publikationskultur in der Rechtsgeschichte. Podiumsdiskussion auf dem 44. Rechts... more Medienwandel und Publikationskultur in der Rechtsgeschichte. Podiumsdiskussion auf dem 44. Rechtshistorikertag in Frankfurt am Main, 19. Februar 2024 mit Miloš Vec (Wien, Moderator), Alexandra Kemmerer (Berlin), Heikki Pihlajamäki (Helsinki), Andreas Thier (Zürich) und Stefan Vogenauer (Frankfurt am Main).

Research paper thumbnail of The Costs and Funding of Civil Litigation : A Comparative Perspective

One of the threshold questions that this Comparative Project asks is whether the funding and cost... more One of the threshold questions that this Comparative Project asks is whether the funding and costs rules in the countries being studied fit within a broader national theory and practice of civil litigation and dispute resolution. Variations between the Australian Federal and State systems, and among States, make it difficult to identify any overall national theory. A frank and somewhat bleak assessment was offered in the recent Commonwealth Access to Justice Report 2009: 'Decisions about designing and funding the federal civil justice system are not currently based on any overarching conceptual framework. .. The design and funding of most aspects of the system may be better seen as an accident of history and prevailing politics rather than a deliberate system-wide approach to avoiding disputes and resolving disputes better.' 2

Research paper thumbnail of Introduction: Two Oxford Handbooks on the History of Law

Rechtsgeschichte - Legal History, 2019

Research paper thumbnail of Problemas de la Promulgación de una Constitución Británica

Research paper thumbnail of CFP Annual Conference: Law and Policy in European Integration (1960s-1990s)

Max Planck Institute for European Legal History, Frankfurt, 2019

Deadline 1 December 2019 • Start: Jun 9, 2020 09:30 • End: Jun 10, 2020 16:00 • Organisation: ... more Deadline 1 December 2019
• Start: Jun 9, 2020 09:30
• End: Jun 10, 2020 16:00
• Organisation: Stefan Vogenauer, Jan-Henrik Meyer
• Location: MPIeR
• Room: Z01

From its beginnings, European integration involved legal solutions to very concrete policy issues, and led to the build-up of a large body of policy-relevant law – ranging from agriculture and competition to the environment and social policy.
The fourth annual conference of the Research Field ‘Legal History of the European Union’ to be held at the Frankfurt Max Planck Institute on 9 and 10 June 2020, will thus focus on the relationship between law and policy in European integration from the 1960s to the 1990s.
The relationship between law and policy goes both ways. One the one hand, we may ask, how did European law shape European policy making? How did legal actors – lawyers within the institutions and courts – and legal norms and ideas, treaty bases or doctrines enable or limit the development of various policies and the legal instruments chosen? On the other hand, we may inquire, how European policy shaped European law – through legislation and court cases?
The objective of the conference is to enhance our understanding what integration through law means with a view to European policies that have increasingly come to shape the lives and livelihoods of European citizens.
We invite contributions (please consult the detailed call for papers ) of not more than 150 words by 1st December 2019. Please email your proposal and a short CV (100 words) to jmeyer@rg.mpg.de.

Research paper thumbnail of The Principles of Latin American Contract Law: text, translation, and introduction

This article provides an introduction to the most recent soft law instrument in the field of cont... more This article provides an introduction to the most recent soft law instrument in the field of contract law, the Principles of Latin American Contract Law (PLACL). The article briefly analyses the nature, drafting history, purposes, and structure of the PLACL. More importantly, in order to promote the study of the PLACL beyond Latin America an English translation of their final text is provided.

Research paper thumbnail of The European Community's competence for a comprehensive harmonisation of contract law -- An empirical analysis

European Law Review, 2005

Research paper thumbnail of Formation III: Arts 2.1.15-2.1.16 Negotiations

Commentary on the UNIDROIT Principles of International Commercial Contracts (PICC), Stefan Vogenauer (editor), Oxford University Press, 2015

Research paper thumbnail of The Future of Contract Law in Latin America

This book presents, analyses and evaluates the Principles of Latin American Contract Law (PLACL),... more This book presents, analyses and evaluates the Principles of Latin American Contract Law (PLACL), a recent set of provisions aiming at the harmonisation of contract law at a regional level. As such, the PLACL are the most recent exponent of the many proposals for transnational sets of 'principles of contract law' that were drafted or published over the past 20 years, either at the global or the regional level. These include the UNIDROIT Principles of International Commercial Contracts, the Principles of European Contract Law, the (European) Draft Common Frame of Reference and the Principles of Asian Contract Law.

The PLACL are the product of a working group comprising legal academics from Argentina, Brazil, Colombia, Chile, Paraguay, Uruguay and Venezuela. The 111 articles of the instrument deal with problems of general contract law, such as formation, interpretation and performance of contracts, as well as remedies for breach.

The book aims to introduce the PLACL to an international audience by putting them in their historical and comparative context, including other transnational harmonisation measures and initiatives. The contributions are authored by drafters of the PLACL and contract law experts from Europe and Latin America.

Research paper thumbnail of Medienwandel und Publikationskultur in der Rechtsgeschichte

Medienwandel und Publikationskultur in der Rechtsgeschichte. Podiumsdiskussion auf dem 44. Rechts... more Medienwandel und Publikationskultur in der Rechtsgeschichte. Podiumsdiskussion auf dem 44. Rechtshistorikertag in Frankfurt am Main, 19. Februar 2024 mit Miloš Vec (Wien, Moderator), Alexandra Kemmerer (Berlin), Heikki Pihlajamäki (Helsinki), Andreas Thier (Zürich) und Stefan Vogenauer (Frankfurt am Main).