This study came to reveal the role of the judge based on the stage of contract formation in Omani legislation, and the extent to which this role is compatible or different with the principle of the authority of the will and the binding force of the contract. In addition, the study revealed that the judge has a positive role from an objective standpoint that is no less important than his role from a procedural standpoint. An objective, positive role whose manifestations are many and whose degrees vary, and whose goal is focused on balancing between the soundness of the will establishing the contract on the one hand, and the stability of transactions and the contract remaining fulfilling its economic and social function on the other hand. The study divided into two chapters: In the first, the role of the judge was addressed in verifying the "existence of the contract" and its elements and preventing its demise. Moreover, in the second chapter, the role of the judge was shown in investigating the common will of "the contracting parties" (when interpreting, adapting, transforming, derogating, and amending the contract). I have defined the scope of this role to be based on a contemporary circumstance of contract formation. Primary, the researcher used the comparative analytical approach that based on analyzing legislative texts, judicial rulings, and jurisprudential treatments related to the subject of the research and comparing between the Egyptian law and Omani law. Therefore, this study concluded several results such as, the most prominent of which is that although the Omani legislator allowed the judge to intervene in the contract, this was not in accordance with explicit texts that carefully regulated this authority. In addition, this study shown that the Omani judiciary system is fearful of the exercise of activities on this role. Lastly, this study came up with several recommendations as the most prominent of which is the necessity of stipulating a mistake forgiveness officer for requesting annulment of the contract. Also, it shown another text regulating the judge’s authority to adapt the contract, and amending the texts regulating the mechanisms for transforming and derogating the contract. To keep in mind, it is also necessary for the judiciary to realize the importance of this role and seek to activate it.