The duties of the locator

If, as we have seen, locatio conductio involved the letting of a thing either for use, or for use and enjoyment of the fruits {fruenda locata), then obviously such frui licere was what the locator owed under the contract.

"Si vicino aedificante obscurentur lumina cenaculi, teneri locatorem Inquilino:... de mercedibus... cum eo agatur, reputationis ratio habenda est. eadem intellegemus, si ostia fenestrasve nimium corruptas locatur non restituat.'"^[1837]

Neither does the tenant have to dwell in darkness, nor does he have to suffer constant draught. If the locator sues for rent, a set-off will take place.

Apart from his main obligation of frui licere, the locator also had to comply with whatever the parties had agreed upon "in lege conductionis".^[1838] Locatio conductio was a consensual contract which gave rise to bonae fidei iudicia. Hence all ancillary agreements, with which the parties might have supplemented or adapted the content of locatio conductio to suit their individual case, became part and parcel of the contract^{[1839] [1840] and were sanctioned by the actiones locati and conducti. They specified the contractual programme for this individual case and therefore had something like the force of law between these two parties: "contractus enim legem ex conventione accipiunt."134 Often such special terms were not individually negotiated; instead, the parties adopted a standardized version, prepared and used by the locator. The lex conductionis (locationis)[1841] under these circumstances fulfilled the function of what we today call standard contract terms.}

8.