Gift

A gift (of ( a ) give, so the Host of a guest ) is the voluntary transfer of property to require, for example, of a thing or a right to another without anything in return. In a figurative sense, one can also give someone his attention, his confidence or his love.

Giving can be an expression of altruistic action, or put some social pressure on the recipient to be the giver, in turn, obliged for a favor or a gift.

Objects are often packaged as a gift in wrapping paper. Ribbon is a colored, decorative ribbon, decorated with the gifts. It is now generally made ​​of plastic and is fastened with decorative bows at the gift.

A gift that the recipient will not do good, but to bring him harm, (in elevated speech ) is a Greek gift.

• 4.1 Germany
• 4.2 Austria
• 4.3 Switzerland

Purposes

Accepted gifts undertake, because they are always connected by the giver with an expectation to the recipient; so they are - sociologically - a social sanction that requires a social response, as a thank you gesture, a gift in return, a friendly attitude to the giver or the setting of hostile actions.

Possible motives:

• Expression of gratitude for a gift received Hope for a possible equivalent or even higher value return gift: "With the sausage after the bacon side throw " ( vernacular ).

• Consolation in children, for example, a candy after a fall; also substitute for something LOSS
• Schenk lust, generosity, generosity ( see also waste )

• Guests spend in the pub a round ( beer or liquor )

• To motivate or reward the workforce or staff (eg, special payments);
• Resources ( storage capacity ) are to be spared, goods are disposed of rather than given away with advertising effects.

Occasions

Popular gift occasions are parties and celebrations:

• Birth or baptism ( the newborn, the new mother, or the person to be baptized are gifted ) Birthday ( the person whose birth marks, is gifted, but also entertained their guests )
• First Communion, Confirmation or similar festivals in other creeds
• Mother's Day ( also called " Father's Day" ): The children give presents to their parents.
• Name day ( the one who celebrates the feast of its patron saint receives small gifts )

Furthermore, also favors during visits are common, depending on the culture and occasion. In diplomacy favors are mandatory for state visits.

Give in philosophy and social sciences

Philosophy

The concept of transfer plays an important role especially in the philosophies of Emmanuel Levinas and Jacques Derrida. He is particularly discussed in relation to concepts such as hospitality, economy and time ( cf. the French polysemy of présent present / absent and present). A gift, Derrida, is no expectation of a return gift practically inconceivable, at the same time but would exclude the concept of "gift" in pure form such an expectation straight. This " impossible possibility " (cf. paradox ) is based on an ethics of deconstruction.

The analyzes of Derrida relating particularly to Martin Heidegger and his concept of " there " and the famous Essai sur le don, the French sociologist Marcel Mauss in 1925 ( see below).

Anthropology, sociology

Bronisław Malinowski explored in a groundbreaking study the basics of gift economies on the basis of peoples of the South Pacific (see Kula ), where there is a culture of gift that works beyond the exchange economy. Marcel Mauss explained with such research that many Western ideas of giving, taking, giving, receiving, etc., on the same logical foundations rest as the free market and capture according to only some aspects of giving.

In the tradition of Native American Kwakiutl along the lower reaches of the Columbia River, it was irrefutably among chiefs to return gifts abundantly. This had often resulted that one (or both) ruined at the end. Even today in many tribes of America gift giving is in the form of sg " give away" (see Potlatch ) and maintained at events and ceremonies Relatives and friends are richly rewarded. These are often blankets, horses, even cars, or simply practical issues of daily life.

History

In ancient Rome, small symbolic gifts were made ​​during the New Year celebrations, such as a branch of a tree or preferred fruit of your own home. This gesture was to bring the giver of luck in the coming year.

Gift and legal

Germany

In the German private law a gift always subject to acceptance, so each a declaration of intent of the donor and the recipient. Only through this donation contract is concluded. Generally the popular principle of " gift is a gift - bring back stolen ". Legal exceptions to this such as gross ingratitude can be found at donation.

A distinction must be immediately accomplished donation ( gift hand, § 516 BGB ) and the donation promises (eg for transfer of immovable property shall be maintained in the form requirements, § 518 BGB). The gift is a free gift from the assets of the donor in the assets of the donee ahead, in which both parties are in agreement that no payment.

No donations are for example the child's equipment within the meaning of § 1624 of the Civil Code and the so-called unnamed donations between spouses. From such an one speaks when spouses turn to assets that have their legal basis in the existing marriage. In addition, the donor may direct that the donee shall accept the gift under § 2050, paragraph 3 of the Civil Code on the inheritance or pursuant to § 2315 of the Civil Code on the compulsory part.

Service workers such as civil servants are prohibited by the civil service law, to accept gifts or keep them. This is to avoid that the objectivity is impaired in the performance of official duties (see also receiving bribes ).

Austria

The Austrian General Civil Code regulates in § § 938-942, 944 and 945 the donation. After that, it is in the gratuitous transfer of a thing to a donation ( § 938 AGBG ). According to § 285 Civil Code the matter term but also includes accounts receivable and general rights. As in Germany and Switzerland, there is a mutual blame treaty. The agreement is seen as unilaterally presentee mandatory contract. Thus, it is according to Austrian law a gift is the giver must have a donation will and act with donation in intent. Gratuitous assignments for advertising purposes as may, therefore, be no gifts under certain circumstances. Since 1875 is a gift agreement, if the matter is not immediately passed only valid if a notarial act is performed ( § 943 Civil Code). This provision serves to protect creditors, even if they seem to contradict the sense of justice in the population.

Switzerland

In Switzerland it is in donations to contracts which are directed to the free provision of a service without pre-existing legal occasion. In the Swiss Code of Obligations, the donation is governed by Articles 239-252 for a revision since 1911/1912. The scheme shows the strong influence of the German Civil Code. Donations can prove under Swiss law not only on assets (property donation), but also on the assignment of receivables or be directed like. It is governed by Swiss law to a contractual legal agreement. In Switzerland, however, the rating, whether it is a donation, objective and not to judge according to the wishes of the parties.