让与担保系非典型担保,对于其法律效力,作者认为应区分其合同效力与物权效力。根据物权法定原则,让与担保不产生物权的效力,但是其合同效力应予承认。让与担保系非典型担保。审判实践中,遇到的这种担保方式并不多,但仍有少量的让与担保案件。无论哪种担保方式,都必然要产生一定的法律后果。让与担保的概念及构成要件以学术界通说,让与担保的概念是:债务人或者第三人为担保债务人债务的 Assurance and atypical guarantee, for its legal effect, the author believes that the contract should be distinguished between the effectiveness and effectiveness of real rights. According to the statutory principle of real rights, warranties do not produce the effect of real rights, but the effectiveness of the contract should be recognized. Let the guarantee atypical guarantee. Trial practice, encountered this mode of guarantee is not much, but there are still a small amount of transfer and guarantee cases. No matter what kind of guarantee, are bound to have some legal consequences. Let the concept of security and components of the academic community to say, let the concept of security is: the debtor or third party as a guarantor of the debtor’s debt