Thesis title: L'eccezione di merito e i mezzi di difesa negli ordinamenti italiano e francese
The study is divided in two parts, each concerning the Italian law and the French law. The Italian part pivotal point is the "eccezione di merito", studied under three different points of view: its object, its nature - whether it can be raised ex officio or not - and its procedural rules. The first chapter is about the means of defence and is helpful to distinguish them from one another. It needs to be pointed out that it still results valid the thesis according to which the "eccezioni" that can't be raise ex officio are the equivalent to a "potere di azione costitutiva". The French part follows the study of the Italian one, thus allowing an immediate comparative perspective amidst the Italian and French law. Moreover, the study was not limited to the "défense au fond", the most similar to "eccezione di merito" mean of defence, yet it is about all the means of defence, this way it is possible to fully comprehend the French law.