I assume that is AB? It certainly would be the 'pilot' in a 737. So, for AB, a limit of less than 12 could be used but it might require a positive action to over-ride in some situations - eg your example? Would that be a problem?
I am having trouble trying to imagine any 'normal' pilot in 447 running out of back stick due to this 'limit' trying to hold 10 degrees nose-up whilst zooming up above max alt and thinking "Oh yes, I need to over-ride this THS limit or the nose will drop".
One would hope that that and rrat's
continuous stall warning might have some effect?