This essay shows the influence of Roben Joseph Pothier, French jurist of the 18th century, pioneer in encoding related to the acceptance of the rule that limits the compensation of stipulated damages to those that have been foreseen to the expiration date of the agreement, both for the legal systems of the Continental Law tradition as for those of the Common Law, though through different ways: by encoded rules in the former and throughout famous legal precedents in the latter. The article exhibits differences and similarities and exposes that this common point can contribute to the effort currently being displayed to unify and agree on contract Law.