Section 76
Original German
76 Formell ist der Vertrag, insofern die beyden Einwilligungen, wodurch der gemeinsame Wille zu Stande kommt, das negative Moment der Entäußerung einer Sache und das Positive der Annahme derselben, an die beyden Contrahenten vertheilt sind; — Schenkungsvertrag. — Reell aber kann er genannt werden, insofern jeder der beyden contrahirenden Willen die Totalität dieser vermittelnden Momente ist, somit darin eben so Eigenthümer wird und bleibt; — Tauschvertrag.
Musean translation
Machine-assisted Musean translation made directly from Hegel's German in the Berlin Nicolai first edition, dated 1821. Complete preface, introduction and sections 1–360, including the author's remarks and notes; no later Gans additions.
76 A contract is formal insofar as the two acts of consent through which the common will comes into being—the negative moment of alienating a thing and the positive moment of accepting it—are divided between the two contracting parties: a contract of gift. It may, however, be called real insofar as each of the two contracting wills is the totality of these mediating moments, and thus both becomes and remains an owner within it: a contract of exchange.
Plain English translation
Independent machine-assisted Plain English translation made directly from the German first-edition source, not from the Musean edition or an existing English translation. Complete preface, introduction and sections 1–360 with the author's remarks and notes.
76 A contract is formal when the two acts of consent that produce the shared will—the negative element of giving up a thing and the positive element of accepting it—are divided between the two parties: a contract of gift. But it can be called real when each of the two contracting wills contains the whole of these mediating elements, and so both becomes and remains an owner within it: a contract of exchange.
About this section
Section 76 is part of Elements of the Philosophy of Right by Georg Wilhelm Friedrich Hegel. This page sets the German original beside 2 direct-source translations, so any line can be checked against the source. It is section 78 of 362 in the work, which is kept in the European tradition.
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