A HERMENEUTIC APPROACH THROUGH ANTHROPOLOGICAL LENSES ON THE LEGAL REGULATIONS OF THE GIFT

From the very definition of the gift, two discourses apparently discourse claims, there is no such thing as a free gift, while the legal definition from civil codes or common law jurisprudence claims the opposite that the gift is a free, unilateral and gratuitous act. In this article, the author will analyze a possible translation of the anthropological notion of the gift in the civil regulation of donation in order to see if the way in which law, encapsulating the social reality of gift exchanges by imposing a contradicting definition on the latter, still makes it possible for the spontaneous gift exchanges to take place under the opposed provided by the anthropological discourse.