问答题

简答题 公民王某承包村里的鱼塘,经过精心饲养经营,收成看好,就在鱼要大量出塘上市之际,王某不幸溺塘而死,而其两个儿子都在外地打工,无人照管鱼塘。王某的同村好友李某便主动担负起照管鱼塘的任务,并组织人员将鱼打捞出塘并将鱼运到市场上出卖,获得收益4万元,其中,应向村里上缴1万元,李某组织人员打捞及卖鱼所花费的劳务费及其他必要费用共计2000元。现李某要求王某的继承人支付2000元费用,并要求平分所剩2.8万元。问:
公民李某的行为属于什么性质?

【参考答案】

李某的行为属于无因管理。无因管理是没有法定或者约定的义务为避免他人利益受损失而进行管理或服务的行为。在本案中李某在王某死后其鱼塘无人照管的情况下为了王某的利益主动为其管理应认定为无因管理。

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