关键词: 理财产品,质押,物权法定,司法裁判,类推适用

Abstract: The strict numerus clausus has set legal obstacles for the current pledge loans in financial products offered by China’s commercial banks and increased the legal risk of pledge loan contracts in financial products. In terms of legal nature, there is comparability between financial products, “accounts receivable” and “stock equity” in essence. From the perspective of promoting the market development of financial products and maintaining the applicable value of law, in the context of the existing relevant system framework which is difficult to change in the short term, the alleviated standpoint of the numerus clausus principle should be insisted on in juridical practice, the relevant provisions on “accounts receivable” pledge and “stock equity” pledge can also be applied to financial products pledge by analogy, its validity of changes of the property right should be recognized.

Key words: financial product; pledge; numerus clausus principle; judicial adjudication; application by analogy